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Appeals Court Of Massachusetts Applies Statute Of Repose To Dismiss Counts For Negligence, Breach Of Contract, And Indemnification Because Negligence Was At Issue In Each Count

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Appeals Court Of Massachusetts Applies Statute Of Repose To Dismiss Counts For Negligence, Breach Of Contract, And Indemnification Because Negligence Was At Issue In Each Count

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In Univ. of Massachusetts Bldg. Auth. v. Adams Plumbing & Heating, Inc., 102 Mass. App. Ct. 1107 (2023), the Appeals Court of Massachusetts upheld the dismissal of the Plaintiffs’ claims because negligence was at issue in each count and thus barred by the Massachusetts’ statute of repose. In 2013, the University of Massachusetts Building Authority…
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Epa Proposes New Primary Drinking Water Standards For Certain Pfas Chemicals Under The Safe Drinking Water Act

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On March 14, 2023, the EPA announced proposed National Primary Drinking Water Regulations for six PFAS chemical compounds. The rule would limit the amount of PFOA perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to four parts per trillion (or ng/L) in drinking water across the nation.  Perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA,…
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United States Senate Reintroduces Bill To Ban Non-Compete Agreements

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On February 1, 2023, a bipartisan group of United States Senators reintroduced a bill, entitled the “Workforce Mobility Act of 2023” (“the Act”). The Act proposes a nationwide ban on the majority of non-compete agreements and follows the recently proposed rule by the Federal Trade Commission (“FTC”). If passed, the Act would codify the use…
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Nevada, Federal District Court Upholds Economic Loss Doctrine For Design Professionals In Residential Construction Disputes

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In Pulver v. Kane, 2022 WL 17327182 (D. Nev. Nov. 29, 2022), a Federal District Court in Nevada upheld the economic loss doctrine to preclude a contractor from asserting tort claims against design professionals in suits seeking to recover solely economic losses arising from residential construction. Pulver Construction Company (“Pulver”) contracted with the homeowners to…
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Supreme Court Of Texas Applies Arbitration Clause In Purchase Agreement Against Non-Signatory Minor Children Under Direct Benefit Estoppel Theory

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In Taylor Morrison of Texas, Inc. v. Skufca as Next Friend of KSX, the Supreme Court of Texas determined minor children who join their parents as plaintiffs in breach of contract claims based on construction defects in the home they resided in may be subject to arbitration clauses within the applicable purchase agreement based on…
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Finra Suspends Two New York Registered Representatives For Violating Regulation Best Interest

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The Financial Industry Regulatory Authority (FINRA) is ramping up enforcement against registered representatives who violate the Best Interest Obligation of the SEC’s Regulation Best Interest (“Reg. BI”).  In February 2023, FINRA announced that it had disciplined two New York-based registered representatives for violating Reg BI.  Tony Cirella and Edward Scott Short, both of the Melville,…
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3m Will Discontinue Pfas Manufacturing

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On December 20, 2022 3M, Inc. announced it would discontinue manufacturing of per and polyfluoroalkyl substances (“PFAS”) by the end of 2025. 3M is one of the world’s largest manufacturers of PFAS, accounting for $1.3 billion in annual sales revenue. 3M plans to scale down its PFAS manufacturing prior to the 2025 discontinuation date. PFAS…
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Supreme Court May Bring Clarity To Wetlands Protected Under Clean Water Act In Sackett V. Environmental Protection Agency

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The Supreme Court heard oral argument in Sackett v. Environmental Protection Agency on October 3, 2022. Sackett involves property owners challenging an EPA compliance order determining that a property on which the Sacketts intended to build a home was a wetland as defined in the Clean Water Act (CWA). Sackett v. U.S. Env’t Prot. Agency,…
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Tennessee’s Statute Of Repose Applies To Claims For Contractual Indemnity

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The statute of repose is a powerful defense for a design or construction professional, since most provide an absolute bar to claims filed outside the repose period.  Tennessee’s statute of repose was recently found to apply to contractual indemnity claims, when the United States District Court for the Middle District of Tennessee granted summary judgment…
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