The Spearin Doctrine

A basic principle of construction law is that one who furnishes plans and specifications for a particular project impliedly warrants that the plans and the specifications are workable and sufficient.  See, Bruner and O’Connor on Construction Law §9:78 at seq.  The origin of this implied warranty of design adequacy was the landmark case of United […]

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The Economic Waste Doctrine and its History

The Origins of the Economic Waste Doctrine. The Economic Waste Doctrine finds its roots in the well-known 1921 decision of Jacob & Youngs, Inc. v. Kent, 129 N.E. 889 (NY. Ct. App. 1921) involving a contract for the construction of a $77,000 custom residence.  One of the specifications in the contract called for Reading brand […]

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Motion for Spoliation of Evidence in Nevada

MEMORANDUM OF POINTS AND AUTHORITIES   III.       Legal Standard.             Litigants owe an uncompromising duty to preserve evidence that they know or reasonably should know will be potentially relevant to a pending or reasonably foreseeable lawsuit.  Leon v. IDX Sys. Corp., 464 F.3d 951, 959 (9th Cir. 2006).  That duty requires suspending any practice or […]

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Issues Raised Enforcing California Noncompete Clauses in Nevada Which are Against the Public Policy of California and Conflicts of Laws Issues

.        LEGAL ANALYSIS   A.        Frida Franco is not Subject to the Jurisdiction of the Nevada Courts,                         As She Had No Contacts with Nevada Sufficient to Confer Jurisdiction                         Over Her               Nevada’s long-arm statute, NRS 14.065, is broadly written to effectuate jurisdiction, “on any basis not inconsistent with the Constitution of […]

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Motion to Strike Fraudulently Joined Sham Defendants Added to Destroy Diversity

COME NOW Defendants VIS VIRES GROUP, INC., a New York Corporation; KBM WORLDWIDE, INC., a New York Corporation; ASHER ENTERPRISES, INC., a Delaware Corporation; SETH KRAMER; and CURT KRAMER (“Defendants”), by and through their undersigned counsel, ALBRIGHT, STODDARD, WARNICK & ALBRIGHT, and pursuant to FRCP 12(f), hereby moves to strike two fraudulently named defendants, EMPIRE […]

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otion to Transfer Nevada Federal Action to New York Per Forum Selection Clause

COME NOW Defendants VIS VIRES GROUP, INC., a New York Corporation; KBM WORLDWIDE, INC., a New York Corporation; ASHER ENTERPRISES, INC., a Delaware Corporation; SETH KRAMER; and CURT KRAMER (“Defendants”), by and through their undersigned counsel, ALBRIGHT, STODDARD, WARNICK & ALBRIGHT, and hereby file this Motion to Dismiss or in the Alternative to Transfer Venue […]

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Assignments of Bad Faith Claims, Stipulated Judgments and Covenants not to Execute

There are numerous cases involving an assignment ofthe insured’s bad faith claim against the insurer to the plaintiff, which include astipulated judgment and covenant not to execute. Some insureds justifiably ask if they could potentially be liable for some type of collusion by the carrier.  The following quotation from the California Supreme Court summarizes the general principles of law […]

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