CGL Additional Insured Decision from Defective Construction in Myrtle Beach
In one of his earliest decisions as a newly appointed United States District Judge for the District of South Carolina, Judge Joseph Dawson waded into the complex world of additional…
Fifth Circuit Decision on CGL Coverage for Defective Construction Causing a Fire
The United States Court of Appeals for the Fifth Circuit recently issued an opinion in Gonzalez v. Mid-Continent Cas. Co.[1] which addresses three issues significant to insurance coverage for defective…
Federal Court Orders Sanctions in Class Action for Defendants’ Communications with Potential Class Members
In the recent decision in Mullen v. GLV, Inc.,[1] a federal court in Illinois certified a class action against a youth volleyball training business and its owners. The certified class…
North Carolina Court of Appeals Issues Decision that a Townhome Owners Association Could Not Pursue Construction Defect Claims
A recent decision from the North Carolina Court of Appeals, Shearon Farms Townhome Owners Association II, Inc. v. Shearon Farms Development, LLC, addresses who has the authority to bring construction…
Irony of Ironies: Corporations Seeking to Avoid their Own Arbitration Agreements when Faced with Mass Arbitration Filings
In what must be the irony of all ironies in the class action and arbitration world, the New York Times reports companies requiring their customers to pursue claims in arbitration…
An Arbitration Fantasy in the World of Fantasy Sports: Plaintiffs Compelled to Arbitrate with Defendants They Did Not Enter into Arbitration Agreements With
An addendum to the old adage that “bad facts make bad law” may be in order, with the addendum to be: “the sheer size and manageability difficulties of complex class…