205-967-8822 Contact

Mississippi Court Of Appeals Holds Claims Against Engineer Are Barred By The Doctrine Of Accord And Satisfaction

Practice Area: infomedia

Mississippi Court Of Appeals Holds Claims Against Engineer Are Barred By The Doctrine Of Accord And Satisfaction

Posted on

In Triangle Construction Company, Inc. v. Fouche and Associates, Inc., 218 So. 3d 1180 (Mississippi 2017), Triangle Construction Company, Inc. (“Triangle”) contracted with East Madison Water Association (“EMWA”) to build a water system in Madison and Leake Counties in Mississippi.  The contract designated Fouche and Associates (“Fouche”) as the project engineer, although Fouche was not…
Read More

New Jersey Announces $196 Million In Mtbe Settlements

Posted on

Shell, BP and Sunoco have agreed to pay $196.5 million to resolve New Jersey’s contamination claims over a gasoline additive that seeped into groundwater throughout the state.  The case is the first to be finalized since voters approved a constitutional amendment prohibiting money from such lawsuits being diverted away from cleanup and restoration of natural…
Read More

Supreme Court Rules In Venue Matter Determining That Interest Of Justice Overrides Initial Selection Of The Forum

Posted on

Stephen Hrobowski (“Hrobowski”) was involved in a motor vehicle accident in Montgomery County, Alabama in 2015 wherein his vehicle collided with a vehicle being operated by Kevin Ledyard (“Ledyard”).  The impact of this collision caused Ledyard’s vehicle to strike a vehicle being operated by Roosevelt McCorvey (“McCorvey”). At the time of the subject accident, McCorvey…
Read More

Finra Arbitration 2017 Statistics

Posted on

Arbitration case filings through December 2017 reflected a 6 percent decrease compared to cases filed in 2016 during the same time frame.  More specifically, 3,681 cases were filed in 2016, but 3,456 cases were filed in 2017.  Of the 3,456 cases filed, 65 percent or 2,260 were customer disputes and 35 percent or 1,196 were…
Read More

Alabama Court Of Civil Appeals Determines Contractor Is Entitled To An Award Of Prejudgment Interest Despite Factual Dispute As To Amount Due Pursuant Oral Contract

Posted on

In Ballard v. Lee A. McWilliams Constr., Inc., No. 2160469, 2018 WL 670459, at *1 (Ala. Civ. App. Feb. 2, 2018), the Alabama Court of Civil Appeals determined an award of prejudgment interest is due despite a defense that such damages should not be recoverable given that they were not “certain” at the time of…
Read More

Supreme Court Of Montana Rules Limitation Of Liability Is Enforceable In A Contract Action As Long As It Does Not Contract Away All Liability, But Not In A Professional Negligence Action

Posted on

In Zirkelbach Construction, Inc. v. DOWL, LLC, 402 P.3d 1244 (Mont. 2017), the Supreme Court of Montana ruled design professionals can contract to limit liability for a contract claim, even if the limitation is a nominal percentage of the overall fees paid, as long as the parties do not disclaim all liability outright. However, the…
Read More

Epa Approval Of Tmdls Does Not Require It To Make Permitting Determinations

Posted on

The United States Court of Appeals for the First Circuit has affirmed a lower court’s decision that the Environmental Protection Agency is under no obligation to require permits of landowners contributing to violations of state-developed Total Maximum Daily Loads (“TMDLs”).  Conservation Law Foundation v. EPA, 48 ELR 20013 (1st Cir. 2018). In this consolidated appeal,…
Read More

Department Of Labor Aligns Itself With Elventh Circuit By Announcing The Primary Beneficiary Test As The Definitive Test For Assessing Whether Interns Qualify As Employees Under The Federal Labor Standards Act

Posted on

The U.S. Department of Labor (“DOL”) announced that the “primary beneficiary” test is the definitive test for analyzing intern-employer relationships under the Federal Labor Standards Act (“FLSA”).  That test has been promulgated by several Circuit Courts, including the Second, Sixth, Ninth and Eleventh Circuit Courts of Appeal. See Benjamin v. B & H Educ., Inc.,…
Read More

First Circuit Finds Monsanto Not Responsible For Pcb Remediation At Westport School

Posted on

The United States Court of Appeals for the First Circuit affirmed the District Court’s entry of summary judgment on all remaining claims in an action filed by the Town of Westport against Monsanto Company, Solutia, Inc., and Pharmacia.  Town of Westport v. Monsanto Company, Case No. 17-1461 (December 8, 2017).  In the suit, Westport alleged…
Read More

Recent Changes To National Labor Relations Board Law

Posted on

Since taking office, President Trump has appointed three new members to the five-member board of the National Labor Relations Board (“NLRB”), who will each serve a five year term.   This has resulted in big changes to Obama-era rulings.  The rulings so far have been pro-employer: In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14,…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch