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Retroactive Application Due Process New Legislation

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

McGlinchey Stafford on

Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Littler

Dynamex Retroactivity Question Sent to California State Court

Littler on

On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more

Payne & Fears

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

Payne & Fears on

With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more

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