Expert's testimony on lost profits deemed unreliable.
What expert witness testimony is required to recover lost profits in construction litigation under the Daubert standard?
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The battle over re-building Biloxi, Mississippi
How FEMA's new elevation requirements and Biloxi's politicians ran the New Urban architects hired to plan the City's re-construction out of town is described in the New York Times Magazine (free subscription rerquired).
Posted In Construction Industry News , Hurricane Katrina , Mississippi Construction LawComments / Questions (0) | Permalink
Mike Wallace's unqualified rating by the American Bar Association baffles me too
Mike Wallace's unqualified rating took me by surprise. He is a fine man and an outstanding lawyer, and I say that though politically we come from different places.
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Gulf Coast wrestling with FEMA's new elevation standards for flood insurance
The SunHerald, which recently won the Pulitzer Prize for its hurricane reporting, observes that the proposed new elevations are "one of the harshest realities of our recovery from Katrina."
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What standards govern expert testimony in mold, sick building and defective construction cases?
Professor David Bernstien claims in a Point of Law Forum Post the federal rule governing expert evidence is stricter than Daubert and its progeny are; Blog 702 says Bernstein doesn't get it.
>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Litigation , Mississippi Construction Law , Sick buildings , Toxic moldComments / Questions (0) | Permalink
Construction dirt tax proposed by Gulf Coast County
A Supervisor in Katrina devastated Hancock County has proposed a tax on dirt excavated for use in re-building Louisiana levees reports the SunHerald.
Posted In Hurricane Katrina , Mississippi Construction LawComments / Questions (0) | Permalink
Insurers bail out on coastal communities
On the eve of hurricane season home insurers are cancelling policies or refusing to write new ones in many coastal communities reports the Clarion Ledger.
>> Continue Reading Posted In Construction Law , Hurricane Katrina , Insurance , Insurance Bad Faith , Insurance Coverage , Mississippi Construction LawComments / Questions (0) | Permalink
Trial Court's decision likely to be the final word about your expert
Whatever the trial court decides about your expert "in the exercise of its sound discretion" is likley to stand up on appeal at least in federal court.
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Blawg Review No. 53
The theme is "Tax Day" over at Mauled Again.
Posted In Mississippi Construction LawComments / Questions (0) | Permalink
Enron trial woodshedding leads witness to chopping block?
leads to?
The New York Times reports prosecutor Sean Berkowitz made a nationally known trial consultant's woodshedding skills an issue in his cross examination of Jeffrey Skilling.
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Physician's mold causation testimony barred
Blog 702 reports on a recent federal appellate case affirming exclusion of a physician's opinion that toxic mold caused plaintiifs' respiratory illness.
>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Construction Litigation , Mississippi Construction Law , Toxic moldComments / Questions (0) | Permalink
Is summary judgment unconstitutional?
Professor Suja Thomas argues it is in a provocative article scheduled for publication in the Virgina Law Review. Link
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$30 Million mold claim
The Clements "knew something was wrong the November day in 2003 they moved into the Airmont home, which they first saw in August and purchased for $430,000. The windows in the front of the house were so fogged up the Clements couldn't see out of them..."
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Do new mold and construction defect exclusions comply with renewal rule?
Marc Mayerson at the Insurance Scrawl discusses the "renewal rule."
>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Insurance , Insurance Coverage , Mississippi Construction Law , Toxic moldComments / Questions (0) | Permalink
How the jury decided the lead paint manufacturers were liable
The public, lawyers and jurors see jurors as passive vessels for each sides stories and evidence. The recent jury verdict against lead paint manufacturers explodes that myth.
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Wisconsin passes a right to cure law for home construction defects
Here's the story from the Wisconsin State Journal.
Posted In Construction Defects & Defective Construction , Construction Litigation , Mississippi Construction LawComments / Questions (0) | Permalink
Plaintiff's prospective insolvency as grounds for an injunction
The ContractsProf Blog discusses whether potential business insolvency constitutes grounds for an injunction in a breach of contracts case.
Posted In Construction Contracts , Construction Litigation , Mississippi Construction Law , Trial and Litigation TechniquesComments / Questions (0) | Permalink