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

MISSOURI FEDERAL COURT HOLDS THE ECONOMIC LOSS DOCTRINE DOES NOT BAR CONTRIBUTION

In ACE American Insurance Co. v. AERCO International, Inc., 2022 WL 814788 (E.D. Mo., March 17, 2022), the United States District Court for the Eastern District of Missouri held the absence of privity of contract and the economic loss doctrine do not bar a contractor’s contribution claim against an architect and its subconsultant.

construction

FLORIDA COURT OF APPEAL SENDS CONDOMINIUM ASSOCIATION TO ARBITRATION PURSUANT TO THE CONDOMINIUM DECLARATION

In LEN-CG S., LLC v. Champions Club Condo. Ass'n, Inc., No. 5D21-1294, 2022 WL 980910 (Fla. Dist. Ct. App. Apr. 1, 2022), Florida’s Fifth Circuit Court of Appeals recently reversed a trial court’s decision to deny a developer’s and contractor’s motion to compel arbitration. The Court of Appeal held the arbitration provision in the condominium declaration binds the condominium association, which brought claims against the contractor and developer on its own behalf and as the class representative of the unit owners.

environmental

ELEVENTH CIRCUIT COURT OF APPEALS HOLDS LOSS OF AESTHETIC PLEASURE IN VIEWING WETLAND SUFFICIENT TO ESTABLISH STANDING

In Glynn Env't Coal., Inc. v. Sea Island Acquisition, LLC, 26 F.4th 1235 (11th Cir. 2022), environmentalist Jane Fraser (“Fraser”) alleged that Sea Island Acquisition, LLC (“Sea Island”) filled wetlands with outside materials, diminishing her aesthetic interest in recreation and enjoyment of the natural beauty of the wetland. The Eleventh Circuit Court of Appeals held that Fraser’s allegations against Sea Island were sufficient to establish an injury in fact and therefore Fraser had standing to bring her claim.

employment

SEVENTH CIRCUIT UPHOLDS SUMMARY JUDGMENT FOR EMPLOYER IN ADA DISCRIMINATION CASE BASED ON DIRECT THREAT EXCEPTION

The Seventh Circuit recently held an employer’s rescission of an employment offer upon learning the prospective employee suffered from uncontrolled seizures did not violate the Americans with Disabilities Act (“ADA”). Russell Pontinen (“Pontinen”) applied to work as a Utility Person at United States Steel Corporation’s (“USS”) Midwest Plant and received a contingent employment offer. After an investigation, USS discovered that Pontinen suffered from an uncontrolled seizure disorder that imposed work restrictions on him. The restrictions conflicted with the requirements of the position for which he applied; so, USS rescinded the employment offer. Pontinen sued for disability discrimination under the ADA, and the district court granted USS’s motion for summary judgment.

securities

FINRA RELEASES GUIDANCE ON RESTRICTED FIRM OBLIGATIONS

FINRA released Notice 21-43 which answered frequently asked questions about Restricted Firm Obligations. Rule 4111, or Restricted Firm Obligations, became effective on January 1, 2022, and sets additional requirements for broker-dealers with a significant history of misconduct. Rule 4111 requires member firms that are identified as Restricted Firms deposit cash or qualified securities in a segregated, restricted account; adhere to specified conditions or restrictions; or comply with a combination of such obligations.

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.