In 22 Gramercy Park, LLC v. Michael Haverland Architect, P.C., 2020 WL 4141384 (N.Y. Cty. Sup. Ct. July 20, 2020), a New York court held an architect that was sued for design defects could not seek common law indemnification from an engineer, but could seek contribution. 22 Gramercy Park, LLC (“Gramercy”) is the owner of a…
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On March 18, 2020, in the wake of the COVID-19 pandemic, the Alabama Supreme Court entered its “Administrative Order Concerning Workers’ Compensation Cases During the Suspension of In-Person Proceedings”. The Administrative Order allows circuit court judges and Ombudsmen of the Alabama Department of Labor to approve any worker’s compensation settlement via telephonic or video conferencing….
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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…
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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. In California, an employee alleged…
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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…
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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…
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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…
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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…
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On May 6, 2020, the Alabama Secretary of Labor, Fitzgerald Washington, determined, pursuant to Alabama Code Section 25-5-68(c), that the State of Alabama’s average weekly wage for 2019 was $920.07. Based on this determination, Steve Garrett, Director of the Alabama Department of Labor Workers’ Compensation Division, issued a memorandum on May 11, 2020 stating the…
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In Decks N Such Marine, Inc. v. Daake, the District Court of Appeal of Florida, First District, considered whether a trial court’s award of attorney’s fees to a junior interest holder in a construction lien enforcement action was proper under Section 713.29, Florida Statutes (2018). 2020 WL 2507500 (Fla. 1st Dist. Ct. App. 2020). The…
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