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

ENGINEER’S CONTRACTUAL INDEMNITY CLAIM AGAINST CONTRACTOR DISMISSED, AS INDEMNIFICATION AGREEMENT EXCLUDED CLAIMS FOR DAMAGES TO THE WORK ITSELF

In County of Saratoga v. Delaware Engineering, D.P.C., 189 A.D.3d 1926, 139 N.Y.S.3d 381 (3d Dept 2020), the New York Supreme Court Appellate Division held that an engineer’s contractual indemnity claim against the contractor was due to be dismissed, as the indemnity provision unambiguously and expressly excluded claims for damage to the “work itself.”

construction

TENNESSEE APPELLATE COURT AFFIRMS TRIAL COURT’S HOLDING THAT OWNER OF CORPORATION ENGAGED AS CONTRACTOR ON CONSTRUCTION PROJECT COULD NOT BE HELD PERSONALLY LIABLE FOR CORPORATION’S ALLEGED STATUTORY VIOLATIONS

In Clarksville Towers, LLC v. Straussberger, the Court of Appeals of Tennessee analyzed whether the trial court properly granted summary judgment for the owner of a corporation which was engaged as the contractor in a multi-million-dollar construction project. 2021 WL 1884636, at *1 (Tenn. Ct. App. May 11, 2021). The plaintiff, Clarksville Towers, LLC (“Clarksville Towers”), sought to hold the owner, John Straussberger, personally liable for the corporation’s alleged violations of the Tennessee Contractors Licensing Act (“TCLA”) and the Tennessee Consumer Protection Act (“TCPA”). The trial court determined the owner could not be held personally liable for the corporation’s alleged violations and granted summary judgment on the claims against Straussberger. The Court of Appeals of Tennessee affirmed the grant of summary judgment.

environmental

FEDERAL COURT REMANDS UNFAIR TRADE PRACTICES LAWSUIT AGAINST EXXON

The United States District Court for the District of Connecticut has granted the state’s remand motion in its case against Exxon Mobil for allegedly misleading the public about connections between its products and climate change, as well as alleged interference with the marketplace for renewable energy and “greenwashing.” Connecticut v. Exxon Mobil Corp., No. 3:20-cv-1555 (June 9, 2021).

employment

OSHA ISSUES EMERGENCY TEMPORARY STANDARD FOR COVID 19 FOR HEALTHCARE EMPLOYEES

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) published an Emergency Temporary Standard (“ETS”) limited to employers in the healthcare section for COVID-19. OSHA has the authority to issue an ETS without utilizing the regular rulemaking process if it determines that (1) workers are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful, or from new hazards; and (2) an ETS is necessary to protect workers from that danger.

securities

FINRA ANNOUNCES ALL DISPUTE RESOLUTION HEARING LOCATIONS WILL BE OPEN FOR IN PERSON PROCEEDINGS ON AUGUST 2, 2021

In March of 2020, FINRA announced that due to the COVID-19 pandemic, it had administratively postponed all in-person arbitration and mediation proceedings. Subsequent announcements extended those adjournments through July 3, 2021. In mid-May, 2021, FINRA announced that 62 hearing locations would be open for in-person hearings starting July 5, 2021, and recently, FINRA stated that starting August 2, 2021, all FINRA dispute resolution hearing locations will be open for in-person hearings. In-person proceedings at the following hearing locations were further postponed through July 30, 2021: Augusta, Maine; Boca Raton, Florida; Buffalo, New York; Detroit, Michigan; Philadelphia, Pennsylvania; Providence, Rhode Island; and Wilmington, Delaware.

workers compensation

THE ALABAMA COURT OF CIVIL APPEALS DISALLOWS A CONTRACTUAL AGREEMENT PREVENTING VENUE TO BE ESTABLISHED IN THE STATE OF ALABAMA

In Sellers v. Venture Express, Inc. (not yet released for publication), the Plaintiff asserted a workers’ compensation action in the Circuit Court of Cullman County asserting an on-the-job injury in the course and scope of her employment with Defendant Venture Express. The claimed injury occurred in Alabama, but the Plaintiff and Defendant entered into an agreement stating that all workers’ compensation complaints were to be filed in Tennessee. The Defendant filed a Motion to Dismiss the Complaint based on the agreement and the Trial Court granted the Motion. The Plaintiff appealed the dismissal of her complaint.

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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.