HISTORY
Always moving forward.

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.

NEWS + MEDIA
architects and engineers
CALIFORNIA FEDERAL DISTRICT COURT EXTENDS SPEARIN DOCTRINE TO A DESIGN BUILD PROJECT

In U.S. for benefit of Bonita Pipeline, Inc. v. Balfour Beatty Construction LLC, et. al., 2017 WL 2869721 (U.S. Dist. Ct., S.D. Cal.), the United States District Court for the Southern District of California ruled the Spearin Doctrine, in which an entity providing plans or specifications is liable for deficiencies in the plans or specifications, applies to subcontractors in design-build projects, even when plans or specifications are by definition meant to be further refined by the subcontractor.





construction
FOURTH DISTRICT COURT OF APPEAL OF FLORIDA DETERMINES DUTY OF SUBCONTRACTOR TO DEFEND AND INDEMNIFY GENERAL CONTRACTOR DID NOT EXTEND TO PROJECT OWNER

In Blok Builders, LLC v. Katryniok, No. 4D16-1811, 2018 WL 637399 (Fla. Dist. Ct. App. Jan. 31, 2018), the District Court of Appeal of Florida, Fourth District, overturned a trial court’s decision requiring a subcontractor to defend and indemnify a project owner based on a reference in the Subcontract which adopted and incorporated by reference the terms of the General Contract, that include an indemnification provision between the Owner and General Contractor.





environmental
SIXTH CIRCUIT DECLINES TO PIERCE CORPORATE VEIL IN CERCLA SUIT
In Duke Energy Florida, LLC v. Firstenergy Corp., CV No. 17-3024, April 10, 2018, the Sixth Circuit refused to pierce the corporate veil to determine which corporate entity would be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., for costs associated with cleaning up hazardous waste released at two manufactured gas plants in the early 1900s.  The processes used at the time to create gas for home consumption inevitably released harmful byproducts, including coal tar, into the local environment, causing groundwater contamination.




employment
THE SUPREME COURT ADOPTS A BROADER VIEW OF FLSA EXEMPTIONS REJECTING THE LONGSTANDING NARROW CONSTRUCTION PRINCIPLE
On April 2, 2018, the Supreme Court of the United States issued a ruling in Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018), holding that auto dealership service advisors are exempt from the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement.  The case began in 2012 in a California District Court, and was later appealed to the Ninth Circuit Court of Appeals, when Encino Motorcars’ service advisor employees brought suit seeking time-and-a-half compensation for overtime hours. 




securities
U.S. APPEALS COURT VACATES OBAMA ERA ‘FIDUCIARY RULE’ REQUIRING FINANCIAL ADVISORS TO ACT IN CUSTOMERS’ BEST INTEREST
On March 15, 2018, the 5th U.S. Circuit Court of Appeals in New Orleans voided the U.S. Department of Labor’s “fiduciary rule” adopted by the Obama administration in 2016 as a means to limit and reduce conflicts of interest among financial advisors providing retirement planning advice. The majority found in the case, Chamber of Commerce of the United States of America v. U.S. Department of Labor, 17-10238, that the Department of Labor overstepped its authority and that the Obama-era rule’s redefinition of “fiduciary” was unreasonable.




coverage
ELEVENTH CIRCUIT RULES IN FAVOR OF INSURER OVER COMPUTER FRAUD CLAIM

Last week, the Eleventh Circuit in InComm Holdings, Inc. v. Great American Insurance Company affirmed a district court decision holding an insurer is not obligated to reimburse a prepaid debit card processer for a $10.7 million loss.





We are known as lawyers,

but we’re really problem solvers.

PRACTICE AREAS
Architects and Engineers/Design Professionals
Construction
Coverage
Employment
Environmental
Fair Housing and Public Accommodation
General Liability
Insurance Fraud/Special Investigations
Medical & Healthcare
Professional Liability
Securities
Worker's Compensation
Architects and Engineers/Design Professionals

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.

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Construction

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.

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Coverage

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.

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Employment

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.

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Environmental

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.

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Fair Housing and Public Accommodation

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.

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General Liability

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.

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Insurance Fraud/Special Investigations

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.

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Medical & Healthcare

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.

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Professional Liability

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.

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Securities

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.

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Worker's Compensation

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.

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