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Indemnity Contracts and the Duty to Defend: You mean I have to pay even if I was not negligent?

Benjamin Franklin’s ” Poor Richard’s Almanack” had it right: “An ounce of prevention is worth a pound of cure.” This was true for farmers in 1739 and it is true for lawyers and their clients in 2011. Not that Ben held farmers and lawyers in equal esteem,as you may notice when reading the following Franklin … Continue reading Indemnity Contracts and the Duty to Defend: You mean I have to pay even if I was not negligent?

The Perfect Recipe for Improving Negotiating Skills and Settling Lawsuits

In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than … Continue reading The Perfect Recipe for Improving Negotiating Skills and Settling Lawsuits

Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R’s Enforceable?

In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than … Continue reading Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R’s Enforceable?

California Evidence Code Section 1123: Don’t Leave The Mediation Without It

Back in the day, the late, great actor Karl Malden pitched American Express Travelers Cheques in television commercials that depicted vacationers being robbed of their cash, followed by Karl’s earnest exhortation, “American Express Travelers Cheques: don’t leave home without them!” The point was that people could protect their money if they would use travelers checks while … Continue reading California Evidence Code Section 1123: Don’t Leave The Mediation Without It