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

LIMITATION OF LIABILITY PROVISION IN ARCHITECT’S CONTRACT ALSO LIMITED PROFESSIONAL NEGLIGENCE CLAIM

In DMK Development Group, LLC v. Cole + Russel Architects, Inc., 2020 WL 2306894 (S.D. Ohio May 8, 2020), a federal district court in Ohio held that a contractual provision limiting an architect’s potential liability to the amount of the architect’s fee was not limited strictly to breach of contract claims. The Court held the professional negligence claim overlapped the breach of contract claim, and therefore, the limitation provision also applied to the professional negligence claim.

construction

FLORIDA APPELLATE COURT HOLDS PROPERLY PERFECTED CLAIM OF CONSTRUCTION LIEN COULD RELATE BACK TO DATE OF FILING OF NOTICE OF COMMENCEMENT THAT WAS NOT SIGNED BY PROPERTY OWNER PURSUANT TO 713.13(1)(g), FLORIDA STATUTES

In Edwin Taylor Corp. v. Mortg. Elec. Registration Sys., Inc., the Florida District Court of Appeals, Third District, analyzed whether a subcontractor’s properly perfected claim of a construction lien could relate back to the date the general contractor recorded a notice of commencement that was not signed by the property owner for purposes of determining the priority of competing interests in lien foreclosure action. 2020 WL 3261177 (Fla. Dist. Ct. App. June 17, 2020). The issue was one of first impression for the Court.

environmental

COURT DISMISSES CASE SEEKING EPA REVIEW OF EMISSIONS RISKS

The U.S. District Court for the Northern District of California has dismissed a Clean Air Act (CAA) complaint asserting EPA must reassess risks of hazardous pollution sources whenever it requires technological upgrades for them. Citizens for Pennsylvania's Future et al. v. Wheeler, No. 19-cv-2004, 2020 WL 3481425 (N.D. Cal. June 26, 2020). In a matter of first impression, the Court rejected the environmental groups' argument that the CAA, 42 U.S.C.A. § 7412(d)(2) requires the agency to reassess hazardous air pollution risks within eight years of any revision of emissions standards.

employment

COVID LITIGATION FILED BY PREGNANT EMPLOYEES

Businesses continue to grapple with the realities of working during the COVID-19 pandemic and the quickly evolving legal landscape regarding returning employees to work. A number of new lawsuits related to pregnancy discrimination have been recently filed because COVID-19 can present an elevated immune and respiratory risk to pregnant women.

securities

SUPREME COURT LIMITS SECURITIES AND EXCHANGE COMMISSION’S POWER OF DISGORGEMENT

For over 40 years, the Securities and Exchange Commission (SEC) has used disgorgement as a common enforcement tool. In securities enforcement matters, disgorgement requires wrongdoers to disgorge ill-gotten profits or commissions. The Ninth Circuit has stated that “disgorgement is designed to deprive a wrongdoer of unjust enrichment, and to deter others from violating securities laws by making violations unprofitable.” See Security and Exchange Commission v. JT Wallenbrock & Associates., 440 F.3d 1109, 1113 (9th Cir. 2006).

workers compensation

PHYSICIAN REFERRALS AND PANELS OF FOUR

In Ex parte Kohler Company, Inc., 29 ALW 4-4 (2190081); 1/17/2020, the Employer, Kohler Company, Inc., (“Kohler Company”) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying Kohler’s Motion to Vacate the Order granting the employee’s motion to provide a second opinion doctor. The Alabama Supreme Court denied Kohler’s writ of mandamus.

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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.