June Hathaway Duke Archives

Insurance defense practices in construction defect cases

Professor Herbert Kritzer’s article on “The Commodification of Insurance Defense Practice” in construction defect and other cases is a must read for attorneys representing both claimants and insured….

Is there a difference between honesty and truthfulness?

For lawyers, maybe so, says Professor Peter Henning in an article for the Notre Dame Journal of Law and Ethics….

“Binding mediation” is an oxymoron

A California appellate court decision banning “binding mediation” is discussed over at May It Please the Court….

Katrina victims win round when federal court holds the insurance policy ambiguous

Updated: A Mississippi federal district court has held State Farm’s insurance policy form ambiguous and that State Farm must pay for wind and water damage even if tidal surge caused later caused further destruction, reports the SunHerald….

The Supreme Court decides to revisit the issue of constitutional limits on punitive damages (UPDATED)

The Court will decide whether its earlier decision in State Farm v Campbell (i) mandates a reasonable ratio between compensatory and punitive damages when the defendants conduct was outrageous and (ii) prohibits the jury from considering the harm done to…

Taking the hand-shake contract to the ultimate level

“We shook hands on it” connotes to folks in the construction business a legally binding deals been made. Would writing the contract with one’s own blood connote more?…