Since 1989, Lloyd, Gray, Whitehead & Monroe, P.C. has steadily and consistently grown from 4 to 36 attorneys providing full-service litigation for clients throughout the Southeast. We recently added another chapter to our history, opening an office in Florida to complement our headquarters in Alabama. We continue to grow and expand our staff, but ever mindful of our belief in staying lean and efficient. We serve our clients best with effective outcomes.
In Parkcrest Builders, LLC v. Housing Authority of New Orleans, 2017 WL 3394033 (E.D. LA. 2017), the United States District Court for the Eastern District of Louisiana held the Court could determine whether substantial completion had been achieved, despite a contract provision assigning this determination to the Architect.
In Don Facciobene, Inc. v. Hough Roofing, Inc., No. 5D15-1527, 2017 WL 3091578 (Fla. Dist. Ct. App. July 21, 2017), the Fifth District Court of Appeal of Florida held that although a valid merger clause in subcontract signed after the subcontract was almost completed, it applied retroactively to the date work first commenced. However, the Court held that failure by general contractor to plead an affirmative defense regarding a condition precedent in the subcontract with enough specificity and particularity as required under Florida Rules of Civil Procedure barred it from relying upon what otherwise would have been an enforceable provision of the subcontract and, thus, the general contractor was required to pay the subcontractor in full.
The Ninth Circuit Court of Appeals vacated a District Court’s summary judgment in favor of the defendant in a contribution action under CERCLA, finding mining company Asarco timely brought a claim to recoup compensation from Atlantic Richfield. Asarco, LLC v. Atlantic Richfield Co., No.14-35723 (9th Cir., August 10, 2017). CERCLA § 113(f) provides that after a party has, pursuant to a settlement agreement, resolved its liability for a “response” action or the costs of such an action, that party may seek contribution from any person who is not a party to the settlement.
An Eleventh Circuit Court of Appeals panel held that a “gender non-conformity claim is not ‘just another way to claim discrimination based on sexual orientation,’” but is instead a “separate, distinct avenue for relief under Title VII.” The majority opinion explained that Title VII recognizes discrimination based on a failure to conform to a gender stereotype (i.e., discrimination based on gender non-conformity) as a type of sex-based discrimination, but declined to hold that Title VII can provide relief for an individual claiming sex-based discrimination on the basis of their sexual orientation alone.
Every October, FINRA’s Office of Dispute Resolution significantly reduces mediation prices in order to encourage mediation and settlement of customer and industry disputes. The goal of Settlement Month is to encourage parties to experience the benefits of mediation for the first time and to reinforce its value and effectiveness for those who have been through the mediation process already.
In Saarinen v. Hall, 26 ALW 36-8 (1160066), 9/1/2017, the Supreme Court held that the failure of the employee’s supervisors to install a safer saw that was on the employer’s premises was not the equivalent of removing a safety guard from an existing saw so as to subject the supervisors to liability under the Alabama Workers’ Compensation Act.
Architects and engineers are held to a higher standard of care. When disputes arise alleging a design or engineering flaw, these professionals may be exposed to liability claims involving their livelihood, reputation and professional licensure. We recognize the level of skill and knowledge required to vigorously defend architects and engineers when they are accused of failing to meet the standard of care. We represent design professionals throughout the country.
Every construction defect dispute presents a unique set of circumstances requiring the experience and versatility our construction litigation team offers. LGWM’s Construction Practice Group includes experienced attorneys who understand the issues and complexities involving building projects.
Navigating complex coverage issues while fulfilling contractual obligations to the insured often presents difficult challenges for carriers. Insurance agents and brokers also find themselves in the middle of coverage disputes between their insured and the carrier. The LGWM Insurance Coverage Practice Group has a team of seasoned coverage attorneys to assist clients in resolving these problems.
LGWM’s Employment Group provides a wide range of services to LGWM’s clients in all areas of employment law. The Employment Group consists of experienced litigation lawyers who have litigated cases before government agencies and state and federal courts throughout the Southeastern United States. The Employment Group regularly defends employers against claims of employment discrimination under state and federal law, including defense against claims of race, national origin, gender, religious, disability, and age discrimination; claims of discrimination based on service in the military; claims of harassment; claims of retaliation; claims for breach of contract; claims regarding employee benefits; and claims of defamation and other employment torts. The Employment Group has represented employers of all types and sizes, public and private, from various industries, including restaurants, hotels, food distributors, franchise owners, manufacturing facilities, security companies, temporary agencies, professional employer organizations, educational institutions, financial institutions, school systems, school boards, and non-profit employers.
Environmental litigation may take many forms, and each presents unique challenges. Whether the issue is a plaintiff's exposure to a toxic chemical or property damage as a result of a discharge or a violation of a state or federal environmental mandate or Act, a company sued for an environmental claim needs qualified representation with specific experience and knowledge.
LGWM provides a range of services for property owners and management companies regarding compliance with state and federal housing laws and regulations, including compliance with the Fair Housing Act (FHA) and the regulations promulgated by the Department of Housing and Urban Development (HUD). LGWM has assisted clients with responding to administrative complaints pending before HUD in which claims were asserted for alleged race discrimination, disability discrimination, sex discrimination, retaliation and violations of HUD regulations unrelated to discrimination.
LGWM’s General Liability Practice Group regularly represents insureds, insurance companies, and self-insured individuals and entities in Alabama, Florida, and Mississippi. The General Liability Practice Group routinely litigates personal injury claims (including brain injuries, head injuries, spinal cord injuries, paralysis, burn injuries, amputation, loss of eyesight or hearing, and various other debilitating injuries), and wrongful death claims. The General Liability team also defends trucking litigation claims, blasting cases, breach of contract disputes, and products liability cases. The attorneys in our General Liability Practice Group also handle cases involving business disputes, owners and landlord’s liability, premises liability, commercial liability cases, first-party and third-party property damage cases, and Chinese Drywall cases, among a variety of other types of general liability cases.
LGWM’s Insurance Fraud/SIU Practice Group works closely with insurance carrier’s Special Investigative Units (SIU) to conduct thorough and complete investigations of first-party property claims including arson and theft. When an investigation raises questions about the validity of a claim, we conduct Examinations Under Oath (EUO) to uncover discrepancies in statements and reveal potential fraud. After completion of the claims investigation, we provide our clients with a detailed analysis of the investigation and a recommendation on whether the claims should be denied or is acceptable for coverage under the terms of the policy.
LGWM has a long history of serving as counsel for hospitals, long term care, hospice, and home health agencies. We represent physicians, dentists, nurses, therapists, and other health care providers. LGWM also has extensive experience in defending medical device and pharmaceutical manufacturers involved in individual lawsuits and class actions. We strive to conduct detailed and thorough evaluations of health care claims and develop strategies for case management. We retain qualified experts to consult and evaluate claims early on. Our staff stands ready to defend medical and health care claims from start to finish.
When professionals get sued, there often is more than just financial compensation at stake. Professional reputations and the ability to continue practicing in one’s profession may be on the line. Professional liability claims often require an aggressive defense to guard and protect that professional reputation.
LGWM's Securities Practice Group handles all types of securities litigation and regulatory disputes. LGWM attorneys have extensive experience in litigating securities matters in state and federal court and in arbitrations before FINRA and AAA. We represent large broker dealers, independent broker dealers, investment advisors and registered representatives throughout the Southeastern United States. We also have experience representing developers and individuals who have securities-related claims brought against them as part of a residential or commercial development or development of condominiums.
LGWM's Workers' Compensation Practice Group's attorneys represent a wide range of clients across the state, including large and small employers, workers' compensation insurance carriers, self-insured workers'compensation funds and third party administrators relating to claims for benefits under the Alabama Workers' Compensation Act. LGWM also has an active role in various workers' compensation organizations, with its attorneys serving as members of the Alabama State Bar Workers' Compensation Section, Alabama Workers' Compensation Organization and Alabama Self Insured Association.