Liability insurers are no strangers to time-limited demands sent by plaintiff’s counsel. In Georgia, these demands are called Holt demands after the seminal case S. Gen. Ins. Co. v. Holt, 416 S.E.2d 274 (Ga. 1992). In Holt, the Georgia Supreme Court held that an insurer can be liable to its insured for unreasonably declining a…
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The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025. It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration. Many of these changes will likely roll back various Biden-era initiatives…
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In Kristina L. Ives, Individually, et al. v. HMB Professional Engineers, Inc., et al., 2024 WL 2487850 (Ky. Ct. App. May 24, 2024), the Court of Appeals of Kentucky reversed and remanded the Fayette Circuit Court’s decision to grant summary judgment in favor of engineers (the “Engineers”) on the basis they were immune from liability….
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In Wood v. MAK Investment Properties, LLC, the Court of Appeals of Ohio affirmed the lower court’s grant of summary judgment for a construction company on claims brought by homeowners, finding privity of contract was necessary to maintain a negligence action against a subcontractor for remodeling work. 2024 WL 4164066. Plaintiffs Jason Wood and Charlene…
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In Marin Audubon Society v. Federal Aviation Administration, the Washington D.C. Circuit Court of Appeals considered arguments regarding a challenge to an air tour management plan that would affect four national park areas in California. No. 23-1067, 2024 WL 4745044, at *1 (D.C. Cir. Nov. 12, 2024). The plan was developed by the Federal Aviation…
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NASAA recently announced proposed amendments that aim to prohibit the use of “advisor” or “adviser” titles by brokers. The regulatory coalition is attempting to curtail the use of the titles by individuals that lack the investment adviser licensure. The new amendment is a part of NASAA’s response to the SEC’s 2019 Regulation Best Interest rule….
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Increasingly more states are enacting certificate of merit statutes for professional negligence claims, but what satisfies the certification requirement continues to be litigated. The South Carolina Court of Appeals recently held an affidavit from engineer was sufficient to satisfy the affidavit filing requirement for claims of professional negligence against an architect, at least as it…
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In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 WL 3363321 (N.Y. App. Div. July 11, 2024), a New York appellate court held that a nonrecourse provision in a construction contract entered into by sophisticated parties barred tort claims against the alleged breaching party. Defendants Oaktree Capital Management L.P. (“Defendants”) created a special-purpose entity,…
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On June 27, 2023, Congress passed the Pregnant Woman’s Fairness Act (“PWFA”). The PWFA requires employers with 15 employees or more to provide reasonable accommodations to employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodation would cause the employer an undue hardship. The PWFA directs the EEOC…
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On August 15, 2024 the United States Court of Appeals for the Third Circuit held in David Schaffner, Jr. and Theresa Sue Schaffner v. Monsanto Corporation, 113 F.4th 364 (3d Cir. 2024) that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempted the Plaintiffs’ Pennsylvania state law failure to warn claims. The Third Circuit’s ruling…
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