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Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

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A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

White and Williams LLP

Insurer Doomed in Delaware by the Sutton Rule

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In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

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In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Haight Brown & Bonesteel LLP

Inadequate Record Keeping May Result in Gross Negligence For Injuries Caused by Exercise Equipment Malfunction

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In Chavez v. 24 Hour Fitness USA, Inc., 2015 No. H040987, the California Court of Appeal, Sixth District, reversed summary judgment in favor of defendant 24 Hour Fitness USA, Inc. (“24 Hour”), holding defendant’s incomplete...more

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