Common law exception permitting recovery of attorney's fees: use in appellate courts

Article Abstract:

Common law allows plaintiffs to seek attorney fees at the trial level arising from third party litigation caused by the defendant's tortious actions, and this strategy is becoming more common at the appellate level. In such appellate cases, defense attorneys should argue that, unless the doctrines of merger and res judicata have been waived or there exists some express provision allowing the award of attorney's fees, such claims are barred. Jurisdiction arguments can also be invoked by the defense.

Cases, Third parties (Law), Jurisdiction, Costs (Law), Legal fees, Common law

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Judicial interpretation of the ensuing loss exception

Article Abstract:

Courts have construed ensuing loss clauses in homeowners, commercial property, and builders' risk insurance policies to cover insured losses which flow from excluded perils only where the policy language is properly worded. Issues in construing the clauses include how broad or narrow the clauses are, and distinguishing direct causes of losses from subsequent ensuing losses. A distinction is also made between builders' risk policies and commercial property policies.

Insurance Management, Insurance, Insurance policies, Hold harmless agreements

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Liability to spectators at sporting events

Article Abstract:

Sports teams and golf course owners are generally held liable for spectator injuries in the same way most landowners are. Courts usually examine potential dangers in the sport, prior spectator injuries, and the practicality of protection measures when determining liability. Courts often use the analysis of duty and breach. Clubs or teams are held liable most often when they do not provide some area for spectator protection.

Sports spectators, Sports teams, Liability for sports accidents

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