Latest Articles
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March 19, 2018
(Introduction Into Evidence of Denials in Response to Request for Admissions and Hostile Questioning of Witness by Trial Court, Along With the Mishandling of Witness’s Invocation of the Privilege Against Self Incrimination Required Reversal of Bad Faith Verdict in Favor of Insured)
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March 19, 2018
(Affirming Trial Court’s Grant of Orders for Prejudgment Attachment of Amounts Paid by Insurer on Noncovered Claim Where Insurer Proved “Probable Validity” of its Claims for Unjust Enrichment and Rescission)
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March 19, 2018
(Right to Replace Act Is Exclusive Remedy for Construction Defect Actions Alleging Economic Loss or Property Damage)
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March 19, 2018
(Insured Is Not Entitled to Independent Counsel in Connection with the Defense of a Construction Defect Lawsuit)
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March 19, 2018
(Letters Advising of Intent to File a Lawsuit Constituted Knowledge of Prior Incidents Barring Coverage of Later Filed Lawsuit Under Professional Services Policy)
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March 12, 2018
In January 2018, the Fifth Circuit in In Re: In the Matter of the Complaint of Larry Doiron, Incorporated set aside the “confusing,” six-factor, fact-intensive test of maritime contract jurisdiction from Davis & Sons, in favor of the conceptual two-factor test laid out in Norfolk Southern Railway Co. v. Kirby.
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March 08, 2018
In January 2018, the Ninth Circuit in Batterton v. Dutra Group affirmed the lower court’s decision ruling that punitive damages are awardable to seamen in unseaworthiness actions. The Court relied on its 1987 decision in Evich v. Morris, where it “squarely held that ‘[p]unitive damages are available under general maritime law for claims of unseaworthiness’” and found that the U.S.
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March 08, 2018
In June 2015, an employee of Modern American Recycling Service (MARS) was killed when he stepped through an unmarked open hole on a platform. The hole was created by Manson Gulf, LLC during its decommissioning process of the platform.
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