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Gravel2Gavel Construction & Real Estate Law Blog

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NY 1st Department Affirms Duty to Defend Freezer Manufacturer for Unfrozen, Ruined Cakes Under CGL Policy

Last month New York’s Supreme Court, Appellate Division 1st Department affirmed the Supreme Court, New York County’s decision granting partial summary judgment in favor of an insured freezer manufacturer, I.J White Corp., which sought defense and indemnity under a CGL policy for claims against it brought by Hill Country Bakery…

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That’s not what I meant either! — Ambiguous drafting thwarts (one party’s version of its) intent, again

A few weeks ago I posted about an Eighth Circuit case that once again illustrated how, despite the drafter’s precision carrying the day most of the time, sometimes a litigator’s creativity can trump it. Well, it’s happened again. And again the issue is whether a dispute between and insured and…

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Another Frye bites the dust — Florida moving toward Daubert

OK, this post isn’t about construction. But it is about law–civil procedure, to be precise. Anyone who has been through a trial knows how much persuasiveness expert witnesses can have, particularly with juries, but with judges and arbitrators as well. It’s been 20 years since the U.S. Supreme Court started…

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P3s and America’s Ports

In a previous post, we reported that the American Society of Civil Engineers (“ASCE”) released its 2013 Report Card for America’s Infrastructure. America’s cumulative GPA for infrastructure was a D+. One of the categories in this report focused on ports, which received a C grade. Now a new report goes…