Pacific Maritime Magazine A vessel owner bringing a vessel into a shipyard for repairs is often presented with a work order or contract purporting to exonerate the shipyard from liability for damage to the vessel. The work order or contract…
A Corporation's Place of Business, and thus its State of Citizenship, Lies with its Brain Strategic or tactical considerations may lead a litigant to prefer federal court over a state venue, and the most common source of federal jurisdiction is…
In Fire Insurance Exchange v. Superior Court (2010) ---Cal. Rptr.3d ---the California Court of Appeal once again cautioned that an intentional and deliberate act, even if it's the result of an honest and good faith mistake, is not considered an…
In Fire Insurance Exchange v. Superior Court (2010) ---Cal. Rptr.3d ---the California Court of Appeal once again cautioned that an intentional and deliberate act, even if it's the result of an honest and good faith mistake, is not considered an…
Jessie Magaña was seriously injured in a 1997 car accident involving the Hyundai Accent in which he was a passenger. He brought suit against the drivers involved and Hyundai North America and sent several interrogatories and requests for documents to Hyundai. The…
Pacific Maritime Magazine It is not unusual for parties to a maritime contract such as a towage agreement or vessel charter, to have a dispute. This article addresses the alternatives for resolving such disputes in ascending order of cost and…
A California Court of Appeal has held that appraisers are not subject to the same disclosure and disqualification rules as umpires. The California Code of Civil Procedure requires "proposed neutral arbitrators" to disclose "all matters that could cause a person…
Judge finds insured's "substantial structural impairment" back-dating theory is scientifically unsound Lake Chelan Homeowners Ass'n v. Northern Ins. Co. of N.Y., et al., No. 07-2-28610-1 SEA (King County Super. Court) Bullivant attorneys Ron Clark and Jason Skuda recently won a…
Does your company have an online presence with national reach? Sales on the East Coast? Customers in Boston? If your company counts among its customers residents of Massachusetts, you have until March 1, 2010 to ensure that your data storage…
The California Court of Appeals, addressing an issue that has resulted in a split in authority among different courts, has ruled that the prior publication exclusion applies to trademark infringement claims and is not limited to libel, slander and invasion…