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|Federal Court Holds That A Director And Omissions Liability Policy May Not Be Transformed Into A Policy That Provides Coverage For The Policyholder’s Own Loss|
Martin Disiere Jefferson Wisdom L.L.P.;
May 23, 2013, previously published on May 9, 2013Judge Fitzwater from the United State District Court for the Northern District of Texas granted Zurich American Insurance Company’s (“Zurich”) Motion to Dismiss pursuant Rule 12(b)(6) in American Construction Benefits Group, LLC v. Zurich American Insurance Company, No....
|SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised|
Laura M. Gill, E. Bruce Mellett; Weltman Weinberg Reis Co. L.P.A.;
May 21, 2013, previously published on May 16, 2013Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where Aboriginal or First Nations concerns could give rise to a risk of...
|Ohio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
May 21, 2013, previously published on May 15, 2013Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...
|Massachusetts Court Rejects Economic Loss Rule in Development Claim|
Sally Fitch LLP;
May 20, 2013Condominium associations scored a legal win late last year with a decision rendered by the Massachusetts Appeals Court in Wyman v. Ayer Properties, LLC, 83 Mass. App. Ct. 21 (2012). In the case, the court barred use of the economic loss rule thus ruling in favor of the association for losses...
|Water Leaks Are an Ongoing Battleground for Insurance Coverage and Creative Policy Interpretation|
Chandra D. Lantz; Hirschler Fleischer A Professional Corporation;
May 20, 2013, previously published on May 15, 2013Insurance companies work to protect their policyholders from risk. But the protection ends at the four-corners of the policy document itself: insurance, after all, is a contract based risk-sharing business, not a lottery. As a result, when policy language does not line up with a submitted claim,...
|Magistrates to Handle Florida Residential Foreclosure Actions - Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation|
Scott St. Amand, Douglas L. Waldorf; Rogers Towers, P.A.;
May 17, 2013, previously published on May 16, 2013It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. As of February 2013, nearly 360,000 cases...
|Fourth Circuit Vacates Maryland District Court Judgment for Defendants Where Injury Did not Present Complicated Medical Question Requiring Expert Testimony to Prove Causation|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
May 15, 2013, previously published on May 2013In Arthur Galloway v. Horne Concrete Construction, the United States Court of Appeals for the Fourth Circuit was asked to determine whether the Maryland district court erred by excluding a substantial portion of damages evidence for Plaintiff, Arthur Galloway, including his medical bills and the...
|Think You Won? You May Still Need to Appeal|
Christopher K. Albert, Brian T. Moriarty; Hamilton, Brook, Smith & Reynolds, P.C.;
May 15, 2013, previously published on May 8, 2013In Lazare Kaplan Int’l, Inc. v. Photoscribe Techs., Inc., the Federal Circuit recently held that a district court may not re-open a final judgment as to patent validity that was not raised by either party in a prior appeal. The “not invalid” judgment cannot be re-opened even when...
|Georgia Enacts H.B. 434 Permitting Mechanic’s Liens for Full Contract Balances|
Jason D. McLarry, Frank E. Riggs; Troutman Sanders LLP;
May 8, 2013, previously published on May 7, 2013Today, in a significant development for the Georgia construction industry, Georgia Governor Nathan Deal signed into law House Bill 434 to clarify the monetary sum a lien claimant may recover in a lien foreclosure action. The legislation is a direct response to last summer’s Georgia Court of...
|Miller Act Payment Bond Protections Do Not Extend To Third-Tier Subcontractors|
Megan B. Caramore; Vandeventer Black LLP;
May 8, 2013, previously published on April 2013The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct...