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Washington Supreme Court permits $1.5m damages claim to proceed against engineering firm under “independent duty doctrine”

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • March 13 2014

In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple's negligence claims against an

A summary of major developments in key areas - General Counsel update September 2013

  • Herbert Smith Freehills LLP
  • -
  • Australia, Hong Kong, United Kingdom, USA
  • -
  • September 19 2013

The Large and Medium-sized Companies and Groups (Accounts and Reports) (Amendment) Regulations 2013 and changes to the Companies Act 2006 made by the

General Counsel Update - June 2013 - A summary of major developments in key areas

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Singapore, United Kingdom, USA
  • -
  • June 21 2013

The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (Regulations) to amend the structure of UK annual reports have

Colorado Supreme Court reverses Court of Appeals' interpretation of Colorado trust fund statute

  • Otten Johnson Robinson Neff & Ragonetti
  • -
  • USA
  • -
  • May 10 2013

Approximately two and a half years ago, I wrote about a broad interpretation placed on the Colorado trust fund statute by the Colorado Court of

Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company

Contractor’s officers liable for failure to complete punch list

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 20 2012

A cautionary tale about the consequences of disregarding the separateness of a corporate entity is told in the recent case of Christopher v. Sinyard out of Georgia

Pennsylvania Superior Court rejects fraud requirement for UTPCPL catchall liability

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 18 2012

The Pennsylvania Superior Court recently departed from a settled line of cases in holding that “misleading conduct,” as opposed to fraud, could support a violation of the catchall provision of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”

Offer, acceptance, and consideration examined by the Court of Chancery

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 11 2012

In the recent Delaware Court of Chancery decision of James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC and the BucciniPollin Group, Inc., Del. Ch. C.A. No. 6999-VCG (Del. 30, 2011), the Court examined the fundamental contract tenets of offer, acceptance, and consideration in denying Defendants’ Motion to Dismiss the Complaint

Arizona Supreme Court rejects homeowners’ attempt to lengthen the Statute of Repose for property defect claims

  • Fennemore Craig
  • -
  • USA
  • -
  • August 9 2011

On June 30, 2011, the Arizona Supreme Court, in Albano v. Shea Homes, issued an advisory opinion to the Ninth Circuit Court of Appeals, concluding class action “tolling” does not apply to extend the time limit set by Arizona’s Statute of Repose for homeowners to file lawsuits against builders for construction defects

Kentucky adopts economic loss doctrine contractors’ contract remedies for disputes in construction projects of renewed importance

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • August 1 2011

On June 16, 2011, Kentucky’s highest court adopted the economic loss doctrine