The Foundation to Deny Coverage May Have Cracks
9/26/16
By: Bart Gary and Brian Lake
In Cypress Point Condo. Ass’n, Inc. v. Adria Towers, L.L.C., 226 N.J. 403 (2016), decided August 4, 2016, the Supreme Court of New Jersey affirmed a Court of Appeals decision that a condominium …
Is Florida’s Notice and Repair Process a Suit? Eleventh Circuit Asks Florida Supreme Court to Weigh In
8/22/16
By: Bart Gary and Tim Holdsworth
Earlier this month, in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., the Eleventh Circuit certified to the Florida Supreme Court the question of whether Florida’s statutory notice and repair process constitutes …
How to Prevent Your Own Millennium Tower Slump
8/18/16
By: Daniel A. Nicholson
The affluent inhabitants of San Francisco’s Millennium Tower may be experiencing a sinking feeling as the first lawsuits concerning the tower’s reported sixteen inch drop and two inch tilt were filed last Tuesday. Residents claim that …
Georgia Supreme Court Holds that Sovereign Immunity Bars Software Vendor’s Claim that State of Georgia waived the contractually Required Completion Date for the Contract
6/7/16
By: Bart Gary and Brian Lake
A software vendor entered into a written contract with the Georgia Department of Labor (GaDOL) to develop computer software. The contract required a certain completion date and contained a stipulation that amendments to the …
Georgia Adopts Protection for Design Professionals from Hold Harmless Clauses
5/11/16
By: Bart Gary
Georgia recently adopted legislation that declares an indemnity or hold harmless agreement in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services against public policy and void and unenforceable. The …
Accident at Wrigley Field and What that Means in the Insurance World
4/4/16
By: Jessica Samford
As “March Madness” comes to an end, many are gearing up for “America’s [original] Pastime”—baseball. The baseball stadiums themselves need to be ready for the new season and fans, and the iconic Wrigley Field has been undergoing …
Pre-Trial Ruling Gives SawStop an Edge Over Bosch
3/11/16
By: Daniel Nicholson
SawStop and Bosch continue to litigate over Bosch’s proposed 2016 release of Reaxx table saws, but SawStop received a favorable ruling from the U.S. International Trade Commission last month.
In 2015 SawStop filed a lawsuit against Bosch…
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Litigation Could Force Flesh-Detection Injury Mitigation Technology Into All Tablesaws
12/15/15
By: Dan Nicholson
Following a big win for plaintiff, William Anderson, against Ryobi and Homelite manufacturer, Techtronic Industries North America, Inc. in Florida last month, the internet has been buzzing on what lies ahead for table saw manufacturers and consumers …
Recent Georgia Court of Appeals Decision a Cautionary Tale for Subcontractors
7/28/14
By: Gautam Y. Reddy
The Georgia Court of Appeals recently issued an opinion dismissing a paving subcontractor’s claims for payment. The case, First Bank of Georgia v. Robertson Grading, Inc., (Case No. A14A0701), represents a rather harsh result for …
Historic Flood? Not the City’s Fault.
6/19/14
By: Bart Gary and Stephanie Stewart
No one in the greater Atlanta area will forget the devastating and deadly floods in September 2009, which spawned a great deal of litigation. One such case finally found its way to the Georgia …
The Devil is in the Details
6/18/14
By: Seth Kirby and Bart Gary
The Georgia Court of Appeals recently decided a case concerning whether a home builder was entitled to coverage under a commercial general liability policy for damages sustained by the homeowner due to construction errors. …