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Supreme Court Of Texas Clarifies How Certifying Expert May Demonstrate Knowledge Of The Defendant Design Professional’s Area Of Practice Pursuant To Texas’s Certificate Of Merit Statute

Practice Area: infomedia

Supreme Court Of Texas Clarifies How Certifying Expert May Demonstrate Knowledge Of The Defendant Design Professional’s Area Of Practice Pursuant To Texas’s Certificate Of Merit Statute

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In Melden & Hunt, Inc. v. East Rio Hondo Water Supply Corporation, No. 16-0078, 2017 WL 2492006 (Tex. June 9, 2017), East Rio Hondo Water Supply Corp. contracted with Melden & Hunt, Inc. to provide engineering-design and project-supervision services for a new water-treatment plant in San Benito, Texas. Following substantial completion of the project, East…
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Ninth Circuit’s Outlook On Equal Pay Laws And Competitive Hiring

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A recent decision issued by the Ninth Circuit Court of Appeals held that an employer may defend a claim under the Equal Pay Act by proving that its pay structure was based on employees’ prior salaries, so long as this structure was reasonable and effectuated a business policy. This decision parts ways with other Circuits…
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Arbitration Panel Grants Eligibility Motion To Dismiss And Expungement In Recent Case

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Our firm recently obtained an award from a FINRA panel denying all of Claimant’s claims and finding for Respondents.  The panel also granted our Motion for Expungement.  The claim (Arbitration number 16-03568) was filed in December, 2016.  Claimant alleged claims of breach of fiduciary duty, breach of contract, failure to supervise, violation of the Alabama…
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General Liability Insurer Has Duty To Defend Odor Claim

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A New York Appellate Court has ruled a hazardous materials exclusion did not relieve an insurer of its obligation to defend a recycling plant operator from claims the Plant is spreading a foul odor.  Hillcrest Coatings, Inc. v. Colony Ins. Co., 2017 NY App. Div. LEXIS 4519 (NY 4th Dept. June 9, 2017).  The five-judge…
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Massachusetts High Court Holds Defense Obligation Does Not Extend To Counterclaims

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The Massachusetts Supreme Court recently issued the most comprehensive opinion to date addressing whether an insurer’s duty to defend extends to counterclaims asserted by the insured. The court in Mount Vernon Fire Ins. Co. v. VisionAid,Inc., SJC-12142 (Mass. 2017), held that where an insurance policy provides that the insurer has the “duty to defend any…
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Irs Issues Guidance Notice Classifying Synidcated Conservation Easement Transactions As “Listed Transactions”

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On January 17, 2017, the IRS issued a Guidance Notice classifying syndicated conservation easement transactions as “Listed Transactions,” or presumed tax shelters. A conservation easement is an agreement between a landowner or investor, and a land trust or government agency that permanently limits development of the land with the aim of conservation. The restrictions are…
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Florida Appellate Court Finds Post-Closing Repair Work May Delay Start Of Construction Defect Statute Of Repose

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In Busch v. Lennar Homes, LLC, No. 5D16-1626, 2017 WL 1372085 (Fla. Dist. Ct. App. April 13, 2017), Florida’s Fifth District Court of Appeals found the trial court improperly dismissed the Homeowner’s complaint regarding construction defects based on the ten year statute of repose.  The Court determined the Homeowner’s complaint was not barred by the…
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United States District Court For The Southern District Of New York Grants An Architect’s Motion For Summary Judgment Against Cross Claims For Indemnification And Contribution Based On Construction Deviations From The Architect’s Design

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In Corwin v. NYC Bike Share, LLC, No. 14-CV-1285, 2017 WL 1399034 (S.D.N.Y. Apr. 13, 2017), the Southern District of New York granted a Motion for Summary Judgment in favor of Alta Planning + Design + Architecture of New York, PLLC (“APD”) against the City of New York (the “City”) based on deviations from APD’s…
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The Rise Of Ban The Box Laws

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The National Employment Law Project (“NELP”) partnered with several other organizations to spearhead a grassroots movement to encourage employers to change their policies to consider the qualification of job applicants without consideration of their criminal history.  Prior to the efforts of NELP, it was commonplace for an employer to ask a job applicant whether the…
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