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

CONSULTING EXPERT RETAINED BY NON PARTY CONTRACTOR DOES NOT ENJOY ATTORNEY CLIENT OR WORK PRODUCT PROTECTIONS

In Curtis Park Group, LLC, v. Allied World Specialty Insurance Co., 2021 WL 1022703 (D. Colo. March 17, 2021), the United States District Court for the District of Colorado held that a report produced by an engineering expert retained by the contractor was discoverable in an action between owner and its insurer, as the report was not created in anticipation of litigation and therefore was not work product.

construction

SOUTHERN DISTRICT OF FLORIDA HOLDS THAT PEDESTRIAN BRIDGE CONSULTANT IS NOT SUBJECT TO PROFESSIONAL NEGLIGENCE STATUTE OF LIMITATIONS DUE TO LACK OF CONTRACTUAL PRIVITY WITH BRIDGE OWNER

In March 2018, a pedestrian bridge collapsed at Florida International University (“FIU”) in Miami-Dade County, Florida. Magnum Construction Management, LLC v. WSP USA Solutions, Inc., 2021 WL 799448 (S.D. Fla. 2021). FIU had retained Plaintiff Magnum Construction Management, LLC (“Magnum”) to design and construct an elevated pedestrian bridge. Magnum contracted with FIGG Bridge Engineers, Inc. (“FIGG”) to perform all design and engineering services for the bridge. FIGG then contracted with The Louis Berger Group, Inc. (“Louis Berger”) for an independent peer review of certain aspects in the bridge’s design.

environmental

SUPREME COURT DISMISSES FLORIDA’S CASE AGAINST GEORGIA OVER WATER USE IN THE APALACHICOLA CHATTAHOOCHEE FLINT RIVER BASIN

In an April 1, 2021 ruling, the U.S. Supreme Court unanimously dismissed Florida’s claims against Georgia in a long-running dispute over the use of water in the Apalachicola-Chattahoochee-Flint (ACF) river basin. State of Florida v. State of Georgia, 141 S.Ct. 1175 (2021). The court rejected Florida’s request for an order requiring Georgia to reduce its use of water in the Apalachicola - Chattahoochee - Flint River Basin (“Apalachicola River Basin”), affirming the Special Master’s finding that Florida did not meet its burden of proof in establishing Georgia's water use caused serious harm to Florida's oyster fisheries or river wildlife and plant life.

employment

ELEVENTH CIRCUIT HOLDS WEBSITES NOT PLACES OF PUBLIC ACCOMMODATION UNDER AMERICANS WITH DISABILITIES ACT

On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its opinion in Gil v. Winn-Dixie Stores, Inc., reversing the trial court’s decision against Winn-Dixie, holding that websites are not places of public accommodation under Title III of the Americans with Disabilities Act (“ADA”) and an inaccessible website is not necessarily equal to the denial of goods or services. See Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr. 7, 2021).

securities

SEC DIVISION OF EXAMINATIONS ANNOUNCES 2021 EXAMINATION PRIORITIES

The SEC Division of Examinations recently announced its examination priorities for fiscal year 2021, discussing key risks, trends, and examination priorities in an overall effort to promote and improve compliance.

The two largest programs run by the Division, Investment Adviser/Investment Company Program and Broker-Dealer and Exchange Program, focus on the protection of retail investors and retirement savers. The Division stated in its annual report that this year’s emphasis will be on sales related to mutual funds and exchange-traded products, municipal securities, other fixed income products, and microcap securities, but the examinations will be in the context of compliance with Regulation Best Interest (“Reg BI”).

workers compensation

ORDER TO CONDUCT TELEPHONIC BENEFIT REVIEW CONFERENCES EXTENDED UNTIL JULY 29, 2021

On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, on March 18, 2020, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings”, authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconferencing. This Order also authorized the use of the Alabama Department of Labor Ombudsman Program for approval of workers’ compensation settlements as well, and specifically allowed the dismissal of a workers’ compensation claim that was pending in court if settled with written approval of an ombudsman.

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.

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.