In Orlando Health, Inc. v. HKS Architects, Inc., 792 F. Supp. 3d 1298, 1299 (M.D. Fla. 2025), the Middle District of Florida held a waiver of consequential damages under the AIA “Standard Form of Agreement Between Owner and Architect” was not applicable to the owner’s costs of remediation stemming from a deficient design. The dispute…
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There has been a trend over the past several years of employers enforcing return-to-work policies. With return-to-work requirements, employers may see an increase in employees requesting Americans with Disabilities Act (“ADA”) accommodations to work from home, especially as advancements in technology make remote work possible., Employers may face the question of whether they should grant…
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Insurance towers provide significant protection for many businesses. Insurance towers are comprised of a primary insurer followed by layers of excess insurers. Once the primary insurer’s policy limits have been exhausted, the first layer excess insurer takes over until its policy limits are exhausted. This process continues until the claim is paid in full or…
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In Ex parte DuPont De Nemours, Inc., No. SC-2024-0514, 2025 WL 1009062 (Ala. Apr. 4, 2025), the Alabama Supreme Court granted mandamus relief to several PFAS-related defendants and limited the Water Works and Sewer Board of the City of Gadsden’s second lawsuit over PFAS contamination in the Coosa River. Gadsden Water previously sued a different…
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Two noteworthy developments in the securities industry emerged this month, one offering relief to broker-dealers and the other serving as a stark reminder of evolving fraud risks. FINRA Removes Pre-Review Requirement for Negative-Consent Bulk Account Transfer Letters On February 6, 2026, FINRA issued Regulatory Notice 26-03 announcing a significant procedural change effective April 1, 2026….
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In Third Coast Servs., LLC v. Castaneda, the Texas Supreme Court ruled that statutory liability protection under the Texas Civil Practice & Remedies Code, Section 97.002, can apply even when a contractor does not have a direct contract with the Texas Department of Transportation (“TxDOT”). 726 S.W.3d 201 (Tex. 2025). Section 97.002 provides: A contractor…
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Background Richard Ford suffered a work-related shoulder injury while employed by Professional Education Services Group, LLC (PESG). The parties stipulated that Ford had reached maximum medical improvement and that the sole issue for trial was the nature and extent of his disability. After trial, the circuit court determined that Ford was permanently and totally disabled…
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On January 9, 2026, the head of the U.S. Environmental Protection Agency (“EPA”) announced that the agency will reassess the safety of paraquat, an herbicide that remains legal in the United States despite bans in other countries. The decision reflects renewed scrutiny of paraquat’s health risks, particularly its alleged connection to Parkinson’s disease, and it…
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Under Florida law, a plaintiff may not file a construction defect lawsuit without first serving a pre-litigation notice, commonly called a “558 Notice,” on the contractor, subcontractor, supplier, or design professional alleged to be responsible for the defects. See Fla. Stat. § 558.004(1)(a) (2025). If the plaintiff fails to provide this notice, the court must…
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Restrictive covenants are a bureaucratic reality in the world of design professionals. However, in the legal realm, restrictive covenants and their prospective enforcement or relief therefrom are governed by equitable principles. In its recent decision in, Dendy v. Ryan, 2025 WL 3684707 (Ala. Dec. 19, 2025), the Alabama Supreme Court clarified the application of the…
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