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Legal Articles: Borton Petrini, LLP

 







Document(s) published by this organization: 7


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HTMLIf I Can "Like" It, It Ain't Confidential!!!
Jason A. Cohen; Borton Petrini, LLP;
Legal Alert/Article
July 16, 2014, previously published on Summer 2014
"Loose lips sink ships," the old adage goes. A modern version, in the context of today's ubiquitous social media (i.e., Facebook, LinkedIn, etc.), might state, "Posts that boast, cost the most." At least the Third District Court of Appeal in the state of Florida feels so. The...

 

HTMLHomeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief
Andrew M. Morgan; Borton Petrini, LLP;
Legal Alert/Article
July 16, 2014, previously published on Summer 2014
Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...

 

HTMLDevelopers Beware: SB800 Not Exclusive Remedy for Construction Defect Damages
Kyle W. Holmes, Michael D. Worthing; Borton Petrini, LLP;
Legal Alert/Article
December 11, 2013, previously published on Fall 2013
Adding to the few published opinions interpreting the California Right to Repair Act (Civil Code § 895 et seq., also known as SB 800), the Fourth District Court of Appeal in Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, (2013) 219 Cal.App.4th 98 held that the Act is not the...

 

HTMLCalifornia Supreme Court De-Publishes Court Of Appeal Case Which Twisted Insurance Defense Counsel's Ethical Duties
Matthew J. Trostler; Borton Petrini, LLP;
Legal Alert/Article
November 1, 2013, previously published on Fall 2013
In June, the Court of Appeal decided the case of Schaefer v Elder which disrupted more than 20 years of precedent regarding the ethical duties of defense counsel appointed by insurers to represent their insureds. In the Schaefer case, Schaefer sued Elder for a variety of claims arising out of a...

 

HTMLRecent Appellate Decisions
Jonathan P. Geen; Borton Petrini, LLP;
Legal Alert/Article
October 23, 2013, previously published on Fall 2013
In the case of Lawler v. Montblanc North America, LLC (9th Cir. 2013) 704 F. 3d 1235, the Ninth Circuit affirmed summary judgment in favor of the luxury writing instrument defendant on the plaintiff's claims for disability discrimination and intentional infliction of emotional distress. The Lawler...

 

HTMLEmployees to Exhaust All Administrative Remedies Before Filing Suit
Jonathan P. Geen; Borton Petrini, LLP;
Legal Alert/Article
October 23, 2013, previously published on Fall 2013
On August 27, 2013, the Court of Appeal for the Third District issued a very favorable decision for employers with regard to exhaustion of administrative remedies. In MacDonald v. State of California (2013) 219 Cal. App. 4th 67, the Third District affirmed the trial court's sustaining of a demurrer...

 

HTMLWhy You Need to Have a Will in California
Samire K. Elhouty; Borton Petrini, LLP;
Legal Alert/Article
October 3, 2013, previously published on Fall 2013
Individuals who die without a will generally have their assets distributed to their heirs as determined by the California Intestate Succession Statutes--the default laws of inheritance. Although there are many ways to avoid intestate succession (e.g. through a trust, testamentary designations,...