The American Bar Association has published an article written by PS&H partner Paul Kessimian titled, Five Tips for Using Proportionality to Limit Wild Goose Chases in Discovery. The article expands on 5 practical and insightful tips to make discovery more streamlined and efficient: Cooperate with Opposing Counsel Document Your Cooperation and Disputes Meaningfully Respond to Discovery...

PS&H Partner and Chair of the Litigation Practice, Paul Kessimian, was quoted extensively in a recent Rhode Island Lawyers Weekly article discussing the challenges that insureds face as they attempt to recover pandemic-related losses through business interruption provisions in their commercial insurance policies and the expected increase in litigation because of it. The article discusses that typical...

By Christian R. Jenner & Paul M. Kessimian Given the ubiquity of technology in the workplace, and the staggering amount of data that we produce and process every day, every company should develop and abide by an “information governance” policy that is tailored to meet its business and legal requirements. To help in this matter,...

The construction industry experiences some of the highest incidences of litigation. Here are the contractual clauses most often involved in disputes and suggested variations that could help avoid the headaches and costs of litigation. Delay Claims Delay claims arise when one or more parties delay the project schedule. Delay damages are frequently catastrophic. For example,...

PS&H litigation partner Jeff Gladstone was interviewed by Rhode Island Lawyers Weekly for a feature on his recent procedural win in the ongoing case of Taylor v. Scott Motors, Inc. In a decision that could have far-reaching impact on discovery issues, Judge Brian P. Stern declined the defendant’s motion to shield certain information from discovery,...

PS&H Partner Paul Kessimian, Chair of the firm’s Litigation Practice Group, shared his thoughts with RI Lawyers Weekly on the recent adoption of deposition conduct standards by U.S. District Court Judge John J. McConnell Jr. In the case of Soares v. Prospect CharterCARE SJHSRI, LLC, et al., Judge McConnell found that the rules of conduct, established 25 years...

Two-year policy limitation on bringing suit upheld: Chase v. Nationwide Mutual Fire Insurance Company, Case No. 2015-368-A (Rhode Island Supreme Court, May 23, 2017). Plaintiff Eric Chase submitted a claim to his insurer Nationwide Mutual Fire Insurance Company for extensive interior and exterior damage caused to his property in Newport. Nationwide accepted the claim, authorized...

The Massachusetts Appeals Court recently shed light on the parameters of “no damage for delay” clauses in Central Ceilings, Inc. v. Suffolk Construction Company, Inc. The March 29 decision is a “must read” for everyone drafting construction contracts to ensure the language used comports with the intended result. Before diving into the facts of that case,...

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