News & Insights

U.S. SUPREME COURT DECISION IN SAN FRANCISCO V. EPA ELIMINATES END-RESULT NPDES PERMIT REQUIREMENTS

The Supreme Court recently issued a decision in City & County of San Francisco v. Environmental Protection Agency, which clarifies the authority of federal and state environmental enforcement agencies to include limitations in pollutant-discharge permits. The Court held the Environmental Protection Agency (“EPA”) has authority to specify the actions a permittee must take to ensure…
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CONNECTICUT SUPREME COURT RULES CONDO OWNERS’ NEGLIGENCE CLAIM AGAINST ASSOCIATION IS TIME-BARRED BUT PERMITS BREACH OF CONTRACT CLAIM FOR FAILING TO REPAIR DEFECTIVE FOUNDATIONS TO THEIR UNITS TO PROCEED

In Canner v. Governors Ridge Ass’n, Inc., unit owners sued a condominium association alleging that the foundations supporting their respective units were sinking as a result of improper design. 311 A.3d 173 (Conn. 2024). The two counts of the complaint alleged (1) the foundations were constructed under the units negligently and (2) the condo association…
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LOUISIANA COURT OF APPEALS REVERSES SUMMARY JUDGMENT FOR ARCHITECTURAL FIRM

In the recently decided case, Holleman v. Golden Nugget Lake Charles, LLC, 2024-70 (La. App. 3 Cir. 11/27/24), the Louisiana Court of Appeals reversed the summary judgment granted in favor of an architectural firm.  Holleman involved personal injury claims brought against the Golden Nugget Casino and the architectural firm Bergman Walls for alleged injuries suffered…
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IDAHO SUPREME COURT REAFFIRMS REPAIR DOCTRINE IS NOT AVAILABLE IN IDAHO

In Moyer v. Doug Lasher Construction, Inc., 560 P.3d 1114, 1116 (2024), the Idaho Supreme Court issued an opinion that clarifies several critical issues in construction law and the application of the statute of limitations on summary judgment.  Plaintiff Moyer (“Moyer”) entered into an agreement with Defendant Doug Lasher Construction (“Lasher”) for the construction of…
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PRESIDENT TRUMP MAKES DRASTIC CHANGES TO EEOC

Just a month into his second term, President Donald Trump has already begun to make major changes at the Equal Employment Opportunity Commission. One of President Trump’s first actions was appointing Commissioner Andrea Lucas (“Lucas”) as Acting Chair for EEOC. Lucas has served on EEOC’s panel since 2020, when President Trump first appointed her as…
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NORTH DAKOTA DISTRICT COURT RULES PRESIDENT’S COUNCIL ON ENVIRONMENTAL QUALITY HAS NO REGULATORY AUTHORITY

On February 3, 2025, the District Court for the District of North Dakota ruled in favor of 20 Republican-led states in their challenge against the Council on Environmental Quality’s (CEQ) Phase II National Environmental Policy Act (NEPA) regulations, finalized in 2024. See State of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025)….
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SELF INSUREDS MUST PERFORM THEIR CONTRACTUAL DUTIES BEFORE THE INSURER STEPS IN: A LESSON FROM THE ELEVENTH CIRCUIT

Insurers who issue liability policies that include self-insured retentions (SIRs) have limited obligations to their insureds unless and until the damages and claim expenses exceed the SIR amount. So, what happens if the insured does nothing to defend themselves, resulting in the entry of a default judgment in an amount exceeding the SIR? Under Georgia…
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THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLISHES NEW GUIDANCE REGARDING WEARABLE TECHNOLOGIES

On December 19, 2024, the EEOC published a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The purpose of the fact sheet is to provide guidance to employers that implement wearable technologies in the workplace. Wearable technologies are devices worn on the…
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