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PENNSYLVANIA APPELLATE COURT AFFIRMS SUMMARY JUDGMENT AGAINST HOMEOWNER FINDING THAT STATUTE OF REPOSE BARRED CLAIMS FOR NEGLIGENCE AND UNLAWFUL ACTS AGAINST CONTRACTOR

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In Johnson v. Toll Bros., Inc., two homeowners sued a construction contractor alleging that it had negligently constructed their house in such a manner that allowed significant water intrusion resulting in continuous damage for a period of at least five years up until the time they filed suit. 2023 PA Super 169, 302 A.3d 1231…
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COURT OF APPEALS OF LOUISIANA UPHOLDS CITY’S AGREEMENT TO ARCHITECT’S MODIFIED CONSTRUCTION DESIGN PLAN CHANGE ORDER DESPITE ALLEGATIONS OF FRAUD AND DURESS

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The recent decision by the Louisiana Court of Appeals in City of Ruston v. Womack & Sons Construction Group, Inc., 374 So. 3d 311 (La. App. 2 Cir. 2023) underscores the critical need for architects to meticulously draft and review contracts, contract conditions, and change orders in construction projects. The City of Ruston (the “City”)…
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SHIFTING LANDSCAPE OF NON-COMPETE AGREEMENTS

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Historically, non-compete agreements were utilized to safeguard a company’s trade secrets, proprietary information, and customer relationships. Non-compete agreements served as critical tools for protecting business interests. However, over the past few years, there has been a recent legislative priority to limit or ban the use of restrictive covenants. In 2021, President Joe Biden signed an…
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EPA PROPOSES NEW RULE TO LIST SPECIFIC PFAS COMPOUNDS AS HAZARDOUS CONSTITUENTS UNDER RCRA

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On February 8, 2024, the EPA proposed changes to regulations under the Resource Conservation and Recovery Act (RCRA) to add nine PFAS compounds, “their salts, and their structural isomers . . .” to RCRA’s hazardous constituents list. The EPA promulgates a list of hazardous constituents under RCRA “comprised of chemicals that have toxic, carcinogenic, mutagenic,…
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FORMER BOARD MEMBER OF TALLGRASS ENERGY AND FOUR OTHERS CHARGED WITH INSIDER TRADING

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The Securities and Exchange Commission has charged Roy Cook, a former board member of Tallgrass Energy LP, and four of his friends with insider trading for trading on material nonpublic information in advance of a public announcement that Blackstone Infrastructure Partners had offered to acquire Tallgrass and take it private. The five defendants agreed to…
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SUPREME COURT HEARS ARGUMENTS IN CHALLENGE TO CHEVRON DOCTRINE

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On January 17, 2024, the Supreme Court of the United States (“SCOTUS”) heard oral arguments in the case of Relentless, Inc. v. Department of Commerce. The case involves a challenge by plaintiff Relentless to a rule issued by the National Marine Fisheries Service (“NMFS”) requiring the herring fishing industry to bear the cost of overcatch…
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FLORIDA DISTRICT COURT RULES DESIGN PROFESSIONALS ARE SUBJECT TO FOUR YEAR STATUTE OF LIMITATIONS FOR CONSTRUCTION BASED MALPRACTICE CLAIMS

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In American Automobile Insurance Company v. FDH Infrastructure Services., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023), The Court of Appeals of Florida, Third District (“Court of Appeals”) held all construction-based claims against design professionals are subject to a four-year statute of limitations, not the two-year statute of limitations. Tower King II was contracted to…
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FINRA’S 2024 REGULATORY OVERSIGHT REPORT

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FINRA has published its 2024 Regulatory Oversight Report (“Report”), which provides member firms with information from FINRA’s recent regulatory operations to strengthen their complaince departments. FINRA highlighted six key sections of the Report in its news release pertaining to the same: (1) Crypto Asset Developments; (2) Advertised Volume; (3) Cybersecurity; (4) Anti-Money Laundering (“AML”), Fraud…
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SIXTH CIRCUIT COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT ON THIRD-PARTY INDEMNITY CLAIM FINDING TENNESSEE STATUTE OF REPOSE FOR DEFECTS IN IMPROVEMENTS TO REAL ESTATE APPLICABLE TO CONTRACTUAL INDEMNITY CLAIMS

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In Hinman v. ValleyCrest Landscaping Dev., Inc., the Sixth Circuit Court of Appeals affirmed the United States District Court, for the Middle District of Tennessee, Nashville Division’s grant of summary judgment to a Third-Party Defendant based on the statute of repose. 89 F.4th 572, 573 (6th Cir. 2024). The underlying claim stemmed from alleged faulty…
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EEOC LAUNCHES NEW REACH INITIATIVE FOR 2024

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In January 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched its REACH initiative designed to “enhance outreach to vulnerable workers and underserved communities.” The initiative was implemented by Commissioner Kalpana Kotagal for the purpose of ensuring EEOC’s outreach and education efforts reach workers who are less likely to seek the agency’s assistance.  Through the…
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