Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more
6/12/2019
/ Attorney's Fees ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
General Contractors ,
New Legislation ,
Professional Liability ,
Residential Real Estate Contracts ,
Rules of Civil Procedure ,
Rules of Court ,
Statute of Limitations ,
Statute of Repose
In late 2018, President Trump formally signed the Agricultural Improvement Act of 2018 (2018 Farm Bill) into law, and in turn declassified hemp as a Schedule 1 substance under the Controlled Substances Act (CSA). Hemp is...more
6/3/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Comment Period ,
Controlled Substances Act ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Public Hearing ,
Trump Administration ,
TTB ,
Wine & Alcohol
In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate...more
5/3/2019
/ Additional Insured ,
CC&Rs ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Condominiums ,
Fire Insurance ,
Insurance Litigation ,
Liability Insurance ,
Motion for Judgment ,
Subrogation
Subrogating insurers often address waiver of subrogation clauses in the form contracts drafted by the American Institute of Architects. In ACE Am. Ins. Co. v. Am. Med. Plumbing, No. A-5395-16T4, 2019 N.J. Super. LEXIS 45...more
Earlier this month, the U.S. Food and Drug Administration (FDA) issued its final guidance associated with recall-related notifications and warnings. The guidance, entitled Public Warning and Notification of Recalls Under 21...more
In Lawrence v. General Panel Corp., 2019 S.C. LEXIS 1, No. 27856 (S.C. Jan. 1, 2019), the Supreme Court of South Carolina answered a certified question related to South Carolina’s statute of repose, S.C. Code § 15-3-640,[1]...more
In Ybarra v. Greenberg & Sada, P.C., 2018 CO 81, 2018 Colo. LEXIS 828 (Oct. 15, 2018), Francis Ybarra (Ybarra) filed a complaint against the law firm retained by State Farm Auto Insurance Company (State Farm) to pursue...more
In N.Y. Marine & Gen. Ins. Co. v. Estes Express Lines, Inc., 719 Fed. Appx. 691 (9th Cir. 2018), the United States Court of Appeals for the Ninth Circuit (Appeals Court) addressed the question of whether an insurer, N.Y....more
In Indemnity Ins. Co. of N. Am. v. Agility Logistics Corp., 2018 U.S. Dist. LEXIS 104179 (S.D.N.Y.), the United States District Court for the Southern District of New York considered the “novel question” of whether the...more
Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later...more
In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more