Last year, a case in California discussed when an insurance company has an obligation to defend HOA board members and, more specifically, HOA Board members appointed by the project developer. It is quite common for developers, when building projects involving the...
A recent California case examined an issue that is extremely important for many business owners in the area. The basic question presented concerned a Commercial General Liability policy and whether the failure of a retaining wall in 2010 might be covered under a...
In part 2, we look at how the Kaiser court recognized a limitation on an insurer’s ability, after being targeted by the insured to defend and indemnify a case against the insured, to reallocate a portion of the insurer’s defense and indemnity expenses to other...
We have a two-part blog here for you regarding a case that’s been winding through the California courts for a long time, Truck Insurance Exchange v. Kaiser Cement. In part one, which follows below, we lay out the relevant facts of the case, discussing what has...
In 2015, several Irish exchange students were visiting the University of California, Berkeley, when the deck they were standing on collapsed. Those on the deck fell 40 feet to the concrete surface below, and 6 people were killed in the incident. Tragically, one of the...
This past summer, Colonial Pipeline Company was hit with a cyberattack. The hackers demanded a huge ransom in order to turn control of the pipeline back over to the company. The attack was one of many that has occurred recently, leaving questions about whether...
Before the Food and Drug Administration approves a new drug or medical device, researchers evaluate the drug or device by conducting clinical trials. The trials are the primary way for researchers to learn if their drug or device is safe and effective in people....
If you’re in the construction business long enough, it's almost inevitable that at some point you’ll provide labor, services, materials or equipment to a project, only to be slow-paid or threatened with nonpayment. California construction law includes a procedure that...
It was nearly a year ago that the Fourth Appellate District Court of Appeal made it clear that a subcontractor’s right to record a mechanic’s lien is protected, but that the lien is not a weapon to be swung like a sword in disputes. Subcontractor Ehmcke Sheet Metal...
Construction defects can be incredibly complex to dissect, as can construction-defect litigation. In California, those lawsuits can involve allegations of professional malpractice, negligence, errors and omissions by design professionals and others in the construction...