Articles

The Time Is Now for Federal Good Samaritan Legislation

In times of emergency, design professionals are needed to provide immediate services to protect public health and safety. Prudent design professionals, however, recognize that they expose themselves to potential liability when volunteering their services.

» Read More | 

» State Good Samaritan Statutes | 

Experts and the e-Discovery Problem

The new e-discovery rules are by now a permanent fixture for many litigators. But a greater mystery lies within the application of these rules to various experts: nonlitigation experts, substantive litigation experts (testifying and non-testifying), and experts retained to consult, assist, and possibly testify on e-discovery itself.

» Read More | 

Glossary of e-Discovery Terms

For the practitioner who is unfamiliar with the emerging e-discovery terms, there are many resources available. The following are a few key e-discovery terms adopted from the Sedona Conference Glossary: E-Discovery and Digital Information Management.

» Read More | 

Understand Your Client’s Computer System

An understanding of your client’s information systems is the key to finding the files and information relevant to the matter at hand. Here’s a list of question to ask a client’s information professional, so that he or she understands what it is you need.

Breaking Down and Managing the e-Discovery Process

With the recent electronic discovery amendments to the Federal Rules of Civil Procedure, understanding and planning for the discovery of electronically stored information is more important than ever. There are reported decisions in every circuit imposing sanctions for e-discovery violations, so pleading ignorance is no longer an option. E-discovery issues have produced numerous problems for litigants in many areas of law, including construction litigation.

The e-Discovery Team—Every Member Counts

The e-discovery team consists of the following members: outside counsel, clients, and e-discovery vendors. The purpose of the team is to be responsible for all discovery—most importantly all e-discovery—and designing and implementing the response plan for the discovery process. Each member of the team has a different, yet crucial, role in the process.

Suggested Jury Instructions in Construction Litigation: Making Your Case Clear to the Jury

This article highlights the significance of effective jury instructions in construction litigation. Section II briefly covers basic background material and requirements concerning jury instructions. Section III discusses instructions covering some of the claims encountered in construction litigation.

» Read More | 

Jury Instructions in Construction Litigation: Challenges in Crafting Compliant and Convincing Charges in Construction Cases

A bit more difficult than pronouncing the alliteration describing this article are the challenges facing a litigator when crafting jury instructions in construction matters. Prior to 2001, there was little, if any, directly relevant material on the unique issues to be addressed in construction-related cases. It is still a challenge to provide the courts with charges with which they are familiar enough to embrace them and present them to the jury in the particular case at issue.

» Read More | 

Subcontractor and Supplier False Claims Issues

False claims laws apply to publicly funded construction projects in a growing number of jurisdictions. Where those laws do apply, government and whistleblower enforcement is increasing. The relationships among prime contractors, subcontractors and suppliers pose special false claims issues under these laws.

» Read More |