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1
Labor & Employment Law Client Alert - November 2018
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
United States
19 Nov 2018
2
California Supreme Court Holds That Contractors May Not Unreasonably Withhold Retention Payments
Until recently, there has been a split in the courts of appeal in California regarding the extent to which contractors are excused from the prompt payment requirement for retentions.
United States
25 Jun 2018
3
Lewis Brisbois Client Obtains Summary Judgment In New York Indemnity And Defense Claim
Lewis Brisbois recently obtained a summary judgment dismissal of a third-party suit alleging that the firm's insured steel company client must indemnify and defend the general contractor in an injured worker's suit.
United States
22 Jun 2018
4
California Design Professionals' Indemnity Obligations Limited Under 2018 Contracts
The California Legislature has narrowed the scope of enforceable indemnity agreements applicable to licensed architects, engineers, and land surveyors through its amendment of Civil Code § 2782.8
United States
22 Jun 2018
5
The California Supreme Court Weighs In On Residential Construction Defect Claims
In January of this year, the California Supreme Court finally decided the long-standing question of whether the "Right to Repair Act" (SB800) provides the sole remedy in California residential construction defect cases, or whether homeowners can also pursue common law remedies (such as strict liability, negligence, etc.) in McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241.
United States
19 Jun 2018
6
Federal Court Compels Arbitration Of Contractor's Claims Against Engineer
In a recent case, Lewis Brisbois successfully moved a federal court to compel arbitration of all of a contractor's claims against an engineering firm and to preclude an interlocutory appeal of the ruling.
United States
19 Jun 2018
7
McMillin Albany LLC V. Superior Court
In McMillin Albany LLC v. Superior Court, 4 Cal. 5th 241 (2018), the California Supreme Court decided a common law action alleging economic loss and property damage ...
United States
20 Mar 2018
8
Centex Homes v. St. Paul Fire And Marine Insurance Company
In Centex Homes v. St. Paul Fire and Marine Ins. Co., 19 Cal.App.5th 789 (January 22, 2018), the California Third District Court of Appeal affirmed the entry of summary adjudication in favor of St. Paul Fire...
United States
20 Mar 2018
9
California Court Of Appeal Finds Use Of Term "Ongoing Operations" Ambiguous In Additional Insured Endorsement Favoring Developer
California's Fourth District Court of Appeal in San Diego recently published a decision which benefits insureds and additional insureds, specifically developers ...
United States
8 Dec 2017
10
Nevada High Court Rules That Homeowners Association Can Pursue New Purchaser Claims Under Original Chapter 40 Rules
The Nevada Supreme Court has found that homeowner associations have standing to pursue "representative" claims on behalf of any new purchasers who bought ...
United States
8 Dec 2017
11
California Court Of Appeal Affirms That Unlicensed Contractor May Not Pursue Litigation
California's Second District Court of Appeal recently threw out a potentially valid claim for breach of contract asserted by a contractor which failed to comply ...
United States
8 Dec 2017
12
Global Modular, Inc. V. Kadena Pacific, Inc.
In Global Modular Inc. v. Kadena Pacific, Inc., __________ Cal.App.5th ____ (September 8, 2017)...
United States
5 Oct 2017
13
Pulte Home Corporation V. American Safety Indemnity Company
The Court of Appeal held that the terms of the AIEs were ambiguous when interpreted in the context of the American Safety policies as a whole.
United States
5 Oct 2017
14
NY Duo Get Defense Verdict In Ceiling Collapse Case
New York Partners Alecia Walters-Hinds and Kenneth J. Kim recently obtained a defense verdict in ceiling collapse case.
United States
17 Aug 2017
15
What Does Your Defense And Indemnity Construction Contract Mean In 2017?
California's longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date.
United States
12 Jul 2017
16
SB 807 Will Allow More Texas Construction Disputes To Remain In Texas
On June 9, 2017, Texas Governor Greg Abbott signed SB 807 into law. In doing so, it will cause more litigation related to Texas construction projects to remain in Texas.
United States
11 Jul 2017
18
California Softens Its Tough Licensing Law
Effective January 1, 2017, the Legislature has enacted a significant change to California's strict contractor's licensing law...
United States
11 Jul 2017
19
California Court Of Appeal Holds That Pre-Litigation Process In SB800 Applies To All Homeowner Defect Claims – Issue Before California Supreme Court
California's Third District Court of Appeal recently clarified the scope of the Right to Repair Act, commonly known as SB-800 ("SB-800").
United States
11 Jul 2017
20
Through A Condo Owner's Looking Glass - A Shade Of Green – Or Is That Gray?
In an action applying Florida law, a federal district judge ruled in favor of a Directors and Officers liability insurer...
United States
7 Apr 2017
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