The growth of construction defect specialized claims has spread to almost every state, bringing with them unique problems and issues. Add to this the new attack on the products that are put into buildings and homes which were manufactured in factories in this country and abroad, and new elements of construction defect litigation are now among us. As the world’s largest event specializing in the construction defect arena West Coast Casualty Service, Inc. brings the top people in the field to their seminar in California to address many of the current issues and where professionals will be going in the future as a community who specializes in this area of law. Additional seminar information is available at www.westcoastcasualty.com
Mr. Kennedy’s panel will discuss “Re-Visiting the Case Management Order in Today’s Litigation World”.
Panel Overview:
In the majority of construction defect litigation matters, the parties stipulate to the use of a Case Management Order as a way of controlling the case and costs, particularly as it relates to discovery matters. The problem is, most CMO’s have not been revised in years and do not accurately address issues that have arisen lately, particularly the aggressive coverage positions many insurance carriers are taking. With most discovery being conducted under the mediation and settlement privileges, insurance carriers often do not get the admissible evidence necessary to evaluate whether claims are covered, and therefore are unable to make serious strides as resolving claims under discovery stays are lifted and admissible evidence is produced by the Plaintiff. Too often this only happens on the eve of trial. This results in lengthy delays in getting cases resolved and added costs to all the parties involved. The panel will discuss real-world cases where CMOs actually hindered settlement as opposed to facilitating it. The panel will also discuss changes to the classic CMO that would provide all parties with the real admissible evidence that they need, while not placing undue burden and costs on the parties and promote early resolution of cases.
MICHAEL T. KENNEDY, Jr.
Michael T. Kennedy is an associate attorney with Kasdan Weber Turner, in the Walnut Creek office. Michael has been involved in residential and commercial construction litigation for over 16 years. Michael’s experience and insight into the construction industry helps quickly identify building defects and the necessary investigation methods. This knowledge leads to concise investigations, which ultimately saves the experts’ time and this savings is then passed onto our clients.
He has tried over 20 construction defect cases as well as numerous binding arbitrations. Michael began his career representing builders and their insurance carriers. Michael’s extensive experience gives him unique insight into their strategies and approaches to defending and resolving construction defect claims.
He earned his Juris Doctorate from Western State University, College of Law. He received his Bachelor of Arts from the University of Southern California.
Michael was admitted to the California State Bar in 1998. He is licensed to practice before the U.S. Court of Appeals for the 9th Circuit and the U.S. District Courts for the Northern, Central Eastern, and Southern Districts of California.
Michael’s professional affiliations include the Legislative Committee of the Associated General Contractors; Educational Community for Homeowners (ECHO); Community Associations Institute (CAI); and California Association of Community Managers (CACM). He has served as a Judge Pro Tem in the Alameda County Superior Court.
With offices in Southern California, Northern California and Phoenix Arizona, Kasdan Weber Turner LLP has recovered over $755 million for its clients in construction defect litigation over the last 22 years. For more detailed information on the firm, visit https://kasdancdlaw.com.