WHERE DISCIPLINES OVERLAP, MIDDLE DISTRICT OF FLORIDA CLARIFIES BOUNDS OF EXPERT TESTIMONY

Practice Area: Connie Shannon

WHERE DISCIPLINES OVERLAP, MIDDLE DISTRICT OF FLORIDA CLARIFIES BOUNDS OF EXPERT TESTIMONY

Success or failure of claims involving design defects hinge upon expert testimony. In disputes involving claims against both architects and engineers, the circumstances of a project may often provide overlap in responsibilities and roles. Although the practices of architecture and engineering are distinct disciplines, there are circumstances where an expert trained in only one of…
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GEORGIA DISTRICT COURT HOLDS ASSIGNEE OF A BUILDING CONTRACT DOES NOT AUTOMATICALLY ASSUME THE ASSIGNOR’S CONTRACTUAL OBLIGATIONS

In ACC Construction Co., Inc. v. Robertson-CECO II Corporation, the United States District Court for the Middle District of Georgia held that an assignee of a builder agreement did not assume the assignor’s contractual obligations and therefore could not be held liable for breach of contract, indemnity, or contribution. See 2026 WL 474866 (M.D. Ga….
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COURTS CONTINUE TO AFFIRM THAT EXTENDED DELAYS IN REPORTING PROPERTY DAMAGE UNDER A POLICY VIOLATES THE OBLIGATION OF PROMPT-NOTICE

Two Florida appellate courts recently affirmed that an insured’s multiple-year delay in reporting property damage violates the obligation of prompt notice to the insurer. In Camacho v. Citizens Prop. Ins. Corp., a Florida appellate court affirmed summary judgment for Citizens Property Insurance Corporation, holding that a nearly three-year delay in reporting hurricane-related property damage to…
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GEORGIA FEDERAL COURT DECISION SIGNALS REDUCED RISK FOR EMPLOYERS PROVIDING LEGAL ASSISTANCE TO NEW HIRES

In FieldTurf USA, Inc. v. Polyloom Corporation of America, a case in the U.S. District Court of the Northern District of Georgia, FieldTurf brought claims against a former employee alleging breach of his employment agreement and misappropriation of confidential information and trade secrets after his departure from the company. FieldTurf also sued the employee’s new…
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SCOTUS TO DECIDE FUTURE OF SEC’S DISGORGEMENT AUTHORITY

The Supreme Court will hear oral arguments on April 20, 2026, in Sripetch v. Securities and Exchange Commission, a case that could significantly affect the scope of the Securities and Exchange Commission’s (SEC) authority to obtain disgorgement in civil enforcement actions. Disgorgement requires violators of securities laws to surrender profits obtained through misconduct, rooted in…
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NINTH CIRCUIT REJECTS CLIMATE CHALLENGE TO EPA DISCOUNTING POLICIES

In G.B. by & through G.P. v. United States Env’t Prot. Agency, No. 25-2473, 2026 WL 959839 (9th Cir. Apr. 9, 2026), the Ninth Circuit for the United States Court of Appeals affirmed dismissal of a constitutional challenge brought by a group of minors against the Environmental Protection Agency (“EPA”) and related federal entities. The…
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FLORIDA LEGISLATURE IMPOSES NEW CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS ON ARCHITECTS AND ENGINEERS PERFORMING STRUCTURAL INSPECTIONS

The Florida Legislature has continued to strengthen oversight of residential condominium buildings. HB 913 – signed into law in 2025 and effective July 1, 2025 – introduces significant new obligations for architects and engineers who perform Milestone Inspections and Structural Integrity Reserve Studies (“SIRS”) on condominium and cooperative buildings. Particularly significant to design professionals is…
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ELEVENTH CIRCUIT DENIES RUSSIAN IMMIGRANT RELIEF IN NATIONAL ORIGIN AND RELIGIOUS DISCRIMINATION CLAIMS AGAINST WALMART

On December 22, 2025, the United States Court of Appeals for the Eleventh Circuit held that Walmart was entitled to summary judgment as to claims of hostile work environment, religious discrimination, and retaliation from a former employee and Russian immigrant, affirming a ruling from the United States District Court for the Southern District of Alabama…
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AMBIGUOUS POLICY LANGUAGE COSTS MILLIONS

When an insurer attempts to limit its exposure, it must keep all of the policy in mind—not just a few discrete parts. Recently, the United States District Court for the Northern District of Texas determined that a ransomware attack did not fall within the cyber insurance policy’s “Ransomware Sub-Limit Endorsement,” and the insurer was unable…
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FINRA’S REGULATORY NOTICE 26-06 SUGGESTS POTENTIAL RESTRUCTURING OF CURRENT ARBITRATION PROCESSES

On March 2, 2026, the Financial Industry Regulatory Authority (FINRA) released Regulatory Notice 26-06, requesting feedback and commentary on current arbitration processes utilized for dispute resolution among brokers and customers. FINRA’s recent publication comes at a time when its existing dispute resolution system has been under heavy criticism from industry parties and investors. The measure…
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