The U.S. Supreme Court unanimously ruled on March 4th that copyright owners must wait for registration before pursuing infringement claims in court. The decision settles a circuit court split wherein certain courts had previously held that merely applying for registration was enough to satisfy the statutory prerequisite for a lawsuit. Although the opinion will have... Continue Reading →
Design professionals score win in California
California architects, engineers, and land surveyors can continue to organize as limited liability partnerships thanks to the work of the AIA California Council (AIA CC) and ACEC California, with assistance from Victor O. Schinnerer & Company. Senate Bill 920, signed into law by Governor Jerry Brown on July 20, 2018, extends the sunset date of... Continue Reading →
Arbitration vs. litigation: the endless debate
The Schinnerer professional liability program strongly supports alternative forms of dispute resolution. One method that aims to reduce the cost and time of a dispute is the use of arbitration. The arbitration of claims, however, is not always in the best interest of design professionals. In litigation, judges’ decisions are constrained by statutory and case... Continue Reading →
Negligent misrepresentation can lead to actionable claims from contractors
Recently, a decision by the Superior Court of Pennsylvania expands a contractor’s ability to plead negligent misrepresentation claims directly against a design professional to evade application of the economic loss rule. This ruling increases the risk of claims against design professionals performing services in Pennsylvania. Courts in many states continue to erode the doctrine that... Continue Reading →
Papers available from Invited Attorneys meeting
For 54 years, Schinnerer has provided defense attorneys and in-house counsels and risk managers with an annual conference to discuss both legal and professional practice developments. In 2015, this two-day continuing education program was held from May 28-29 in Scottsdale, Arizona. Participation in this conference is by invitation only, but the end-result of this meeting... Continue Reading →