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

WHO CAN OFFER A CERTIFICATE OF MERIT AGAINST A DESIGN PROFESSIONAL IN TEXAS

In Barrientos v. Jacobs Engineering Group, Inc., No. 13-20-00092-CV, 2021 WL 3411869 (Tex. App. Aug. 5, 2021), the Court of Appeals of Texas, Corpus Christi-Edinburg held that Texas law mandates that a design professional expert offering opinions against another design professional must be licensed or registered in Texas.

construction

FLORIDA APPELLATE COURT AFFIRMS SUMMARY JUDGMENT IN FAVOR OF GENERAL CONTRACTOR BASED ON STATUTE OF LIMITATIONS DEFENSE IN LATENT DEFECT CASE

In The Cottages at Stoney Creek Condominium Association, Inc., et al. v. JDR Construction, LLC, et al., No. 1D20-956, 2021 WL 2209851 (Fla. Dist. Ct. App. June 1, 2021), the Florida First District Court of Appeal affirmed the trial court’s decision granting summary judgment in favor of a general contractor on a statute of limitations defense. The trial court granted summary judgment in favor of the general contractor based on its determination that the owner knew or should have known of the alleged defects more than four years before suit was commenced. The trial court’s order discussed whether a six-year-old report established that the condominium association knew or should have known of the defects at issue in the case.

environmental

MISSISSIPPI PROPERTY OWNERS NOT REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES BEFORE THE MISSISSIPPI STATE OIL AND GAS BOARD PRIOR TO BRINGING SUIT

In Petro Harvester Oil & Gas Co., LLC v. Baucum, No. 2019-IA-01442-SCT, 2021 WL 3418398 (Miss. Aug. 5, 2021), Mississippi property owners Tay and Deidra Baucum brought an action against Petro Harvester Oil & Gas Company (“Petro Harvester”) for improper use of its oil-disposal well located on neighboring land. The Baucums brought trespass, public and private nuisance, and negligence claims against Petro Harvester, alleging that for decades the company engaged in systematic and illegal dumping and disposal of oil field petroleum waste and drilling waste on Petro Harvester’s property and Baucum’s property.

employment

ELEVENTH CIRCUIT UPHOLDS MONETARY AND NONMONETARY RULE 11 SANCTIONS AGAINST SERIAL ADA CASE FILERS

In Johnson v. 27th Ave. Caraf, Inc., the Eleventh Circuit Court of Appeals sent a message: If you choose to misuse the legal system, be prepared to suffer the consequences. No. 19-14353, 2021 WL 3627604, at *30 (11th Cir. Aug. 17, 2021).

securities

FINRA REMINDS FIRMS OF THEIR SUPERVISORY OBLIGATIONS RELATED TO OUTSOURCING TO THIRD PARTY VENDORS

In light of the fact that many member firms are increasingly using third-party vendors to perform a variety of core business functions, FINRA recently published Regulatory Notice 21-29, “FINRA Reminds Firms of their Supervisory Obligations Related to Outsourcing to Third-Party Vendors.”

workers compensation

ALABAMA COURT OF CIVIL APPEALS FINDS EMPLOYEE NOT ENTITLED TO WORKERS’ COMPENSATION BENEFITS IN CO EMPLOYEE ASSAULT

Aaron Ashcraft obtained a defense verdict from Judge Claude Hundley in Patrick v. Mako Lawn Care, Inc., following a compensability hearing. The Plaintiff appealed the denial of benefits, but the Alabama Court of Civils Appeals recently upheld the trial court’s ruling that an employee injured by a co-worker in an assault at work was not entitled to recover worker’s compensation benefits for his injury. 2021 WL 3234914, (Ala. Civ. App., 2021).

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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.

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.