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Posts on Jan 1970

Contractor and Sub­contractor’s Construction Claims – Litigation Defense Strategies

It is not likely a “news flash” to most trial attorneys; but, I’ll restate it anyway… con­struction defect litigation is “complex litiga­tion”.

There are two reasons for that… the first is because of the numbers of parties typically involved, the volumes of paper that can be generated and the statutory regulatory schemes and case law which apply.

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Investigating the “Routine” Auto Case

Auto vs. Auto Mechanism of Injury

This is one in an occasional series dealing with important, but often overlooked, claims investiga­tion issues which just could be vital to you and your defense counsel in their efforts to win a verdict for you when the claim goes to litigation.

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A recent California case holds that a consumer's right to bring a class action under the California Legal Remedies Act constitutes an unwaivable statutory right.

Last month, in Fisher v. DCH Temecula Imports LLC, No. 3E047802, 2010 WL 3192912 (Cal. Ct. App. August 13, 2010), a case certified for publication, the California Fourth Appellate District held that a consumer’s right to bring a class action under the California Legal Remedies Act (“CLRA”) constitutes an unwaivable statutory right.  

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Of Counsel or Off Counsel

What’s your definition of the term “Of Counsel”?   Your idea of Of Counsel may just depend on whether you are a retired judge, or a lawyer seeking to keep your hand in the practice of law.  Or perhaps you’re a young, dynamic attorney looking to market your firm and want to reach a wider constituency either by adding an Of Counsel to your firm or by having yourself designated as Of Counsel at another firm.

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Claims Prevention Strategies for Subcontractors

Subcontractors and insurance carriers often ask what can be done to prevent construction litigation. It is an unfortunate reality that no one can “prevent” a lawsuit, justified or unjustified. If a claimant is determined to make a claim or file suit, he or she will do so.

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The Life Cycle of a Civil Lawsuit – Part Two

What is Our Judge Doing?

Although the assigned judge is not attending depositions or participating directly in the discovery proceedings, she is still very interested in the case.  The court will typically hold a case management conference (CMC) about 90 days after the complaint is filed. 

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