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Results: 1-10 of 76

Economic loss rule, 1850-2013, R.I.P.
  • Duane Morris LLP
  • USA
  • March 12 2013

The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass'n v. Marsh &


Dealing with out-of-state vendors where can you be sued?
  • Duane Morris LLP
  • USA
  • November 25 2013

E-commerce has brought to the forefront an issue identified by courts in the days when traveling salesmen and delivery by the US Postal Service were


Low bidder’s prevailing wage violation gives second-low bidder right to sue
  • Duane Morris LLP
  • USA
  • May 2 2013

There may not be a law like it anywhere else in the country. But in Rhode Island, by statute, the second-low bidder can pursue a claim for damages if


“Everything but the kitchen sink” theory of litigation: usually a sign of weakness
  • Duane Morris LLP
  • USA
  • June 5 2014

Lawsuits that proceed under, say, eight or more causes of action typically either (a) recite egregious acts by a group of defendants, or (b) mask a


High-stakes nuke case remains where the contract says
  • Duane Morris LLP
  • USA
  • June 10 2014

Duke Energy and Westinghouse Electric are battling over money due, or not due, for the cancelled Levy County nuclear power plant in Florida. After


"Negligent entrustment" of construction equipment
  • Duane Morris LLP
  • USA
  • November 6 2013

A rental company leases a forklift to a construction company, whose unlicensed and untrained operator causes another worker's injury. The injured


Prevailing party can recover legal fees for in-house lawyer
  • Duane Morris LLP
  • USA
  • May 16 2014

The "American Rule" is that parties pay their own legal fees for a dispute. Fees can be shifted by contract or by statute, but fee-shifting remains


Expanded definition of “occurrence” did not convert construction defect into insured claim
  • Duane Morris LLP
  • USA
  • May 19 2014

The terms of an owner-controlled insurance policy defined "occurrence" as "an accident, event, or happening, including continuous or repeated


Does the arbitrator decide arbitrability?
  • Duane Morris LLP
  • USA
  • January 17 2013

Citing a decision from the U.S. Supreme Court, the highest Massachusetts court has held that an arbitrator cannot decide the issue of arbitrability


Property owner is strictly liable for Building Code violation
  • Duane Morris LLP
  • USA
  • April 11 2014

The owner of a building open to public use will be strictly liable for damage or injury resulting from a code violation, under a decision issued by