Newsroom Category: Litigation

No one is in the driver’s seat… Who is at fault?

Self-driving cars have officially hit our roads, and while self-driving technology is advancing at a fast pace, are governments and insurance companies keeping pace?  The Insurance Institute for Highway Safety (“IIHS”) estimates that there will be 3.5 million self-driving cars by 2025, and 4.5 million by 2030.[1]  The IIHS also reminds us that of these vehicles not all will be … Continue reading

New Lower Court Ruling Sheds Light on Enforceability of Statutory Non-Economic Damages Cap in Oregon

On January 20, 2017, the Multnomah County Circuit Court released an opinion enforcing the $500,000 statutory cap on non-economic damages in a common law tort action.  This opinion provides valuable insight into how Multnomah County courts, and likely courts in other Oregon counties, will analyze and make determinations on the issue of whether the cap should apply in other cases. … Continue reading

Let the Good Times Toll?

Let The Good Times Toll? House Bill 1131 Proposing Changes to Washington’s Statute of Limitations. Washington land owners attempting to recover for property damage caused by construction work adjacent to their property may soon see a significant shift in how the statute of limitations applies to their claims.  Washington’s legislature is currently considering House Bill 1131 which would overturn the … Continue reading

NEW ARIZONA DECISION ON “SUBCONTRACTOR EXCEPTION” TO THE “YOUR WORK EXCLUSION”

Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC involved a general contractor’s attempt to obtain Additional Insured coverage from a subcontractor’s insurer for the cost of repair for the subcontractor’s faulty work. The general contractor settled claims brought against it by a property owner which was based on the improper installation of a built-up roof by the roofing … Continue reading

The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff

Elliott Homes, Inc. v. Superior Court: The Right to Repair Does Not Depend on the Theory Pled by the Plaintiff In the years following the Court of Appeal’s holding in Liberty Mutual Ins. Co. v Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (hereinafter “Liberty Mutual”), the exclusivity of the rights and standards set forth in the “Right to Repair … Continue reading

Settle the Claim, Try the Case, and Save the Company

Settle the Claim, Try the Case, and Save the Company: What went right with a $22.6 million dollar Plaintiffs’ verdict In a case spanning two years, eight Plaintiffs, over 120 depositions, and more than 60 expert witnesses, Lorber Greenfield and Polito was able to effect a result that saved our client from potential exposure in excess of $50 million. On … Continue reading

Defense Judgment: Limitations to a Homeowners’ Association’s Liability

Defense Judgment:  Limitations to a Homeowners’ Association’s Liability Lorber Greenfield & Polito (LGP) recently obtained a defense judgment for a homeowners’ association (“HOA”) client in a bench trial involving a breach of contract claim by one of its members, who owned a condominium unit on the first floor.  The plaintiffs unsuccessfully alleged that the HOA failed to maintain the common … Continue reading

California Superior Courts Unpersuaded By Plaintiffs’ Counsels’ Attempts To Cherry-Pick

California Superior Courts Unpersuaded By Plaintiffs’ Counsels’ Attempts To Cherry-Pick Causes Of Action To Avoid Compliance With Both Statutory And Contractual Prelitigation And Alternative Dispute Resolution Procedures   Plaintiffs’ attorneys throughout California have been taking the position over the past year that if they do not plead a violation of the functionality standards as set forth in California Civil Code … Continue reading