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

ENGINEERS HAVE NO DUTY TO OWNERS WITH WHOM THEY ARE NOT IN CONTRACTUAL PRIVITY FOR ECONOMIC LOSS IN ARIZONA

In Cal-Am Properties Inc. v. Edais Eng'g Inc., 509 P.3d 386, 388 (Ariz. 2022), the Arizona Supreme Court held design professionals are not liable for economic damages incurred by a Plaintiff with whom they are not in privity of contract. Cal-Am Properties, Inc. (“Cal-Am”) was a developer and operator of RV and mobile-home parks. Cal-Am leased the Sundance RV Resort, with the intention of constructing a new banquet and concert hall on the property.

construction

SUPREME COURT OF TENNESSEE REVERSES LOWER COURT’S LIMITATION OF ATTORNEY’S FEES AND COSTS AWARD TO A HOMEOWNER

In Donovan v. Hastings, the Supreme Court of Tennessee analyzed whether the trial and appellate courts properly limited an award of attorney fees and costs under Tennessee Code § 20-12-119(c) to a plaintiff homeowner to those incurred after the date an amended countercomplaint was filed by the defendant contractor. 2022 WL 12301177, at *1 (Tenn. June 27, 2022).

environmental

SUPREME COURT APPLIES AND EXPOUNDS UPON THE MAJOR QUESTIONS DOCTRINE IN EPA CASE

The Supreme Court recently decided a case related to the Clean Power Plan, an Obama-era regulatory scheme that would apply to the energy industry across the country. The main holding of the opinion in West Virginia v. EPA focused on the degree to which an administrative agency may assert power over the states, and by extension the economy, by congressional grant. In other words: how much authority may an administrative agency assert without an explicit statutory grant of the powers it is trying to assert over a specific process.

employment

ELEVENTH CIRCUIT UPHOLDS ADMINISTRATIVE EXEMPTION FOR OVERTIME COMPENSATION

The Eleventh Circuit Court of Appeals recently reaffirmed in Brown v. Nexus Bus. Solutions LLC, that the Fair Labor Standards Act (“FLSA”) allows an administrative exemption from overtime provisions. (11th Cir. Apr. 1, 2022). Traditionally, FLSA requires employees be paid overtime for all hours worked beyond 40 in a week. The rate of pay is set at least one and a half times the employees’ regular rate of pay.

securities

MERRILL LYNCH, PEIRCE AND FENNER & SMITH, INC. FINED 15.2 MILLION BY FINRA FOR SALES OF CLASS C MUTUAL FUND SHARES

FINRA has announced Merrill Lynch, Peirce and Finner & Smith, Inc. was fined more than $15.2 million for restitution owed to customers who purchased Class C mutual funds shares despite the availability of Class A mutual fund shares. In differentiating between the two types of mutual fund shares, FINRA noted Class A shares are subject to a front-end sales charge, in contrast to Class C shares, which are not subjected to front-end sales charges, but instead have ongoing fees and expenses that are higher than those associated with Class A shares. In many instances, mutual fund issuers allow customers to purchase Class A shares without incurring a front-end sales charge if the total purchase exceeds certain thresholds. FINRA noted that in instances where a customer qualified for the purchase of Class A shares without a front-end sales charge, there “would be no reason for the customer to purchase Class C shares with a higher annual expense.”

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.