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Construction Defect

In a recent construction defect case, we secured a nonsuit in favor of our client, a landscape architect, at the conclusion of the plaintiffs' three-month-long case in chief. The case then proceeded to verdict in favor of the remaining subcontractors, but the judge set aside the defense verdict and granted a new trial. After filing appeals, the remaining defendants settled; however, our client retained its nonsuit and did not have to participate in settlement negotiations or pay any settlement.

Attorney's Fee Award by California Supreme Court

Mr. Child successfully argued for a substantial attorney's fee award to his client and its carrier before the California Supreme Court in Employers Mutual Liability Insurance Company of Wisconsin v. Tutor Saliba Corp. (1998) 17 Cal.4th 632. Both the trial and appellate court had denied them attorney's fees. The Supreme Court held that Mr. Child's client was entitled to attorney's fees at trial and on appeal under a construction contract between an employer and Mr. Child's client. At trial, Mr. Child had defeated the employer's workers' compensation carrier's claim for reimbursement of compensation benefits paid to an injured worker.

Environmental Litigation

Mr. Child and Mr. Marton recently extricated a client from a high exposure environmental case, based on activities which occurred on our client's property in the 1970's. The case involved not only defense of the principal action, but detailed insurance coverage analysis as well.

Millard, Holweger, Child & Marton
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