Construction Defects Case Law

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 insured insurance coverage for construction defect claims in Lendlease (US) Construction, Inc. v. National Fire Insurance Company of Hartford, No. ...

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 construction.  The dispute between a contractor and his insurer over insurance coverage arose from a fire at a home on ...

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 consisted of parents whose children attended volleyball programs offered by the business, and the claims asserted on behalf of the ...

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 defect claims, the homeowners association or the individual townhome owners. The case arose when a townhome owners association in North ...

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 are being hit with “mass arbitration” in which thousands of customers file individual arbitration demands at the same time.  Faced ...

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 actions make bad law.”  In the fantasy sports multidistrict litigation pending in the United States District Court for the District ...