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

UTAH COURT OF APPEALS RULES ECONOMIC LOSS RULE BARS PROPERTY OWNERS’ CLAIMS AGAINST GEOTECHNICAL ENGINEERING FIRM

In Hayes v. Intermountain GeoEnvironmental Services, Inc., 2019 WL 2621931 (Utah Ct. App. June 27, 2019), the Utah Court of Appeals upheld the economic loss rule, finding a property owners’ tort claims against a geotechnical engineer were barred. In 2004, a developer hired Intermountain GeoEnvironmental Services, Inc. (“IGES”) to conduct a geotechnical investigation for a proposed subdivision. IGES concluded construction could proceed and the developer sold the lots to a third-party, who later sold an individual lot to Kim and Nancy Hayes (the “Hayes”) for construction of a home.

construction

MIDDLE DISTRICT OF FLORIDA RULES IN FAVOR OF UNPAID SUB SUBCONTRACTOR

Taylor Industrial Construction v. Westfield Insurance Company involved a general contractor, subcontractor, sub-subcontractors, and a surety disputed over payment after termination of the contract. 2019 WL 3068395 (M.D. Fla. 2019). In May 2016, general contractor Slone Associates, Inc. (“Slone”) was hired to provide construction-related services and materials for the ceiling area of a WalMart Distribution Center (“the Project”). Slone entered into a subcontract with Daniels Welding Services, Inc. (“Daniels”) to perform certain roof joist reinforcement work. Taylor Industrial Construction, Inc. (“Taylor”) was hired by Daniels as a sub-subcontractor to perform welding work, which Taylor began on June 25, 2016.

environmental

FEDERAL COURT JUDGE REDUCES $75 MILLION VERDICT AGAINST ROUNDUP TO $20 MILLION

A United States District Court Judge for the Northern District of California has reduced an $75 million punitive damages award against Monsanto Company to $20 million in the nation’s first federally-tried Roundup case. Hardeman v. Monsanto, 3:16-cv-00525 (N.D. Cal., July 15, 2019). In reducing the award, the Court stated Monsanto deserves to be punished, but that the punitive damages award was constitutionally impermissible.

employment

SCOTUS SET TO RULE WHETHER TITLE VII PROHIBITS DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY

The United States Supreme Court recently granted certiorari in a group of three cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex. This decision will resolve a conflict among federal circuits as to whether Title VII prohibits employment discrimination on the basis of sexual orientation and gender identity. This topic is currently the subject of uncertainty as many circuits differ on whether the term “sex” encompasses sexual orientation.

securities

FINRA REQUESTS COMMENT ON RULES AND ISSUES RELATING TO SENIOR INVESTORS

FINRA commenced a retrospective review of its rules and administrative processes meant to help protect senior investors from financial exploitation and is now requesting comment on suggested changes to and creation of rules and administrative processes addressing the issue.

workers compensation

A PETITION FOR WRIT OF MANDAMUS IS NOT THE PROPER REMEDY FOR REQUESTING REVIEW OF DISCOVERY ORDERS

In Ex parte Farley, --- So.3d ----, 2019 WL 2558824 (Ala. Civ. App. June 21, 2019), the Employee, Randy Farley (“Farley”) filed suit for workers’ compensation benefits against his Employer, Transport America, Inc. (“Transport America”) in Etowah County, Alabama. As part of its discovery requests, Transport America asked that Farley execute releases for obtaining certain records, including his Social Security disability records, tax records from the Alabama Department of Internal Revenue and records from Alabama Department of Labor. Farley refused, arguing that the Alabama Rules of Civil Procedure did not require execution of releases and that such a requirement would result in an overly broad release of information.

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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.