A number of court decisions in fre...

A number of court decisions in fresh years have involved various aspects of "limitation of liability" clauses. The issues raised include whether the clauses apply to contract claims or to negligence claims, and the reach to which state anti-indemnification provisions might prohibit them. (See summary of cases at the expiration of this item.

As the courts contend with the public policy and technical issues of shifting liability from an allegedly negligent design professional to a building proprietor two recent decisions have further confused the issue. If nothing otherwise they ...