Drywall Companies Oppose Motion To Compel Further Jurisdictional Discovery
NEW ORLEANS – A pair of defendants in the Chinese drywall multidistrict litigation on Aug. 22 filed a brief arguing that the Plaintiff’s Steering Committee (PSC) is trying to “expand the scope of discovery far beyond what is reasonably necessary to develop the facts relevant to personal jurisdiction” (In re: Chinese-Manufactured Drywall Products Liability Litigation, No. 2:09md02047, E.D. La.; See August 2011, Page 4).
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South Carolina Panel Cuts Punitive Damages To Property Owners For Flood Damage
COLUMBIA, S.C. – The South Carolina Court of Appeals on Aug. 17 reduced punitive damages awarded to the plaintiffs in a flooding damage action resulting from a construction project, finding the award to be excessive (Glenn Y. Hollis Jr., et al. v. Stonington Development LLC, No. 4869, S.C. App.; 2011 S.C. App. LEXIS 215).
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Minnesota High Court Reverses Ruling On Destruction Of Water Damage Evidence
ST. PAUL, Minn. – The Minnesota Supreme Court on Aug. 3 overturned summary judgment for the defendants in an action involving a water-damaged property, concluding that the trial court erred by ruling that spoliation of evidence resulted from the plaintiff attempting to make repairs to his home (David J.T. Miller v. Linda J. Lankow, et al., No. A09-0244, Minn. App.; 2011 Minn. LEXIS 457).
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Louisiana Appeals Panel: Water Damage To New Home Covered Under Warranty
BATON ROUGE, La. – The First Circuit Louisiana Court of Appeal on Aug. 10 upheld a $57,214 award to homeowners who claim that defects in their newly built home resulted in serious water damage to the property, disagreeing with the builder’s argument that the problems with the home were excluded from the warranty (Patrick O’Connell, et al. v. Dale Braud, No. 2010 CA 1885, La. App., 1st Cir.; 2011 La. App. Unpub. LEXIS 465).
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State Appeals Panel: Interlocutory Appeal Improper In Construction Defects Case
LAKE CHARLES, La. – A Louisiana appellate panel on Aug. 24 dismissed an appeal filed by the defendant in a construction defects action, ruling that the builder could not appeal a partial, interlocutory ruling (Charles Webster, et al. v. Doug Selman Builders LLC, No. 11-902, La. App., 3rd Cir.; 2011 La. App. Unpub. LEXIS 484).
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Texas Appeals Panel Overturns Dismissal Of Construction Defects Case
DALLAS – A Texas appeals panel on Aug. 16 reinstated a construction defects case involving a pair of building subcontractors, concluding that the trial court erred by ordering the plaintiff to re-serve the defendant after it failed to appear in court (Elite Door & Trim Inc. v. Deidra Tapia, No. 05-10-00635-CV, Texas App., 5th Dist.; 2011 Tex. App. LEXIS 6461).
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Alabama Appeals Court: Subcontractor Is Owed Money For Pouring Concrete Floor
MONTGOMERY, Ala. – The Alabama Court of Civil Appeals on Aug. 12 reversed a decision for the defendants in a breach of construction contract action, ruling that the defendants owed the full amount billed by a concrete company hired as a subcontractor on an airport construction project (Diamond Concrete & Slabs LLC v. Andalusia-Opp Airport Authority, et al., No. 2100114, Ala. Civ. App.).
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Indiana Appeals Panel: Architectural Firm Owed Balance Of Building Contract
INDIANAPOLIS – The Indiana Court of Appeals on Aug. 12 reversed an award for a mechanic’s lien on a counterclaim filed in a construction defects action, reducing the principal amount and remanding the case for recalculation of prejudgment interest (Farah LLC, et al. v. Architura Corp., No. 49A05-1012-PL-793, Ind. App.; 2011 Ind. App. LEXIS 1498).
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Nebraska Supreme Court: Homeowner Did Not Breach Roof Replacement Contract
LINCOLN, Neb. – The Nebraska Supreme Court on Aug. 5 reversed a trial court’s award of damages to a roofing contractor in a breach of contract action, ruling that under the terms of the contract, the defendant was allowed to change contractors before beginning the project (McKinnis Roofing and Sheet Metal Inc. v. Jeffrey D. Hicks, No. S-10-1048, Neb. Sup.; 2011 Neb. LEXIS 79).
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3rd Circuit Affirms Dismissal Of Claims Against Insurer For Madoff Ponzi Losses
PHILADELPHIA – Affirming a lower court’s finding that an insurer was not responsible for the investment of its insured’s life insurance premiums, a Third Circuit U.S. Court of Appeals panel on Aug. 11 ruled that claims against it for loss of those funds were properly dismissed (The Michael S. Rulle Family Dynasty Trust v. AGL Life Assurance Co., No. 10-4034, 3rd Cir.; 2011 U.S. App. LEXIS 16687).
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