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North Carolina Supreme Court Rules That State Can Bring Companies Into State Court For Liabilities Related To Past Pfas Production In Exception To General Rule

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In State ex rel. Stein v. E. I. du Pont de Nemours & Co., the North Carolina Supreme Court considered whether two companies spun off from E.I. DuPont de Nemours and Company (“DuPont”) could avoid personal jurisdiction in cases regarding claims involving the release of PFAS by asserting that those companies had never done business…
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Sec Chair Lambasts Non Compliant Crypto Industry After Ftx Bankruptcy

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In a November 10, 2022, interview with CNBC’s “Squawk Box”, SEC Chair Gary Gensler called for greater protections for investors in the cryptocurrency space following the stunning collapse of crypto exchange FTX.  According to FTX’s now-former CEO Sam Bankman-Fried, the crypto exchange is facing a shortfall of up to $8 billion. On November 2, 2022,…
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Indiana Court Of Appeals Affirms Partial Summary Judgment For General Contractor Sued By Subcontractor Employee To Whom The General Contractor Owed No Contractual Duty

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In Tinsley-Williamson ex rel. Tinsley v. A.R. Mays Construction, Inc., 195 N.E.3d 891 (Ind. Ct. App. 2022), the Court of Appeals of Indiana affirmed partial summary judgment in favor of A.R. Mays Construction, Inc. (“A.R. Mays”), a general contractor, on the ground that neither it nor any of its subcontractors had contracted with the company…
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John Webb Speaks At Awco 2022 Annual Conference

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John Webb, Chair of LGWM’s Workers’ Compensation Practice Group, spoke at the Alabama Workers’ Compensation Organization (AWCO) 2022 Annual Conference.  The Conference took place November 3-4 in Birmingham, Alabama.  John teamed up with Dana Mattiace (Senior Adjuster/Team Lead) with SteadPoint Risk Management Services to provide new adjuster training for approximately 40 workers’ compensation adjusters from…
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Eleventh Circuit Rules That Federal Insecticide, Fungicide, And Rodenticide Act Does Not Preempt State Law Claims In Monsanto Roundup Litigation

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In Carson v. Monsanto Company, No. 21-10994 (11th Cir. 2022), the Eleventh Circuit ruled on July 12, 2022, that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) did not preempt a failure to warn claim brought under Georgia law. Plaintiff’s failure to warn claim arose from claims of malignant fibrous histiocytoma that he alleges was…
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North Carolina Affirms Rule That In A Lawsuit With Multiple Contractors, The Statute Of Repose Runs When Each Contractor’s Work Is Completed, Not When The Entire Project Is Completed

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In Gaston County Board of Education v. Shelco, LLC, 2022 WL 3363819 (N.C. App. Aug. 16, 2022), a North Carolina appellate court held that when a construction project involves multiple contractors, the statute of repose begins to run as to each contractor when its work is completed, rather than when the entire project is completed,…
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New York Registered Representative First To Be Disciplined For Violating Reg Bi

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The Financial Industry Regulatory Authority has disciplined a formerly registered representative for violating Regulation Best Interest (“Reg BI”).  In a first-of-its-kind disciplinary action, Charles Malico of Huntington Station, New York, has been fined $5,000 and suspended for six months for “recommending a series of transactions in the account of one retail customer that was excessive…
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U.S. Department Of Labor Issues New Rule On Independent Contractor Status

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On October, 11, 2022, the U.S. Department of Labor (“DOL”) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (“FLSA”) or an independent contractor. The new rule significantly broadens the classification of workers as employees under the FLSA.  In January 2021, the DOL previously…
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Tennessee Court Of Appeals Upholds Judgment Holding That A Contract With A Target Completion Date And Start Immediately Language Contained An Implied Time Is Of The Essence Term

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In Franks v. Bilbrey, the Tennessee Court of Appeals held that a construction contract containing a target construction completion date and the phrase “start immediately” contained an implied “time is of the essence” term, which the contractor breached by delaying completion well beyond the target completion date. No. M2021-00766-COA-R3-CV, 2022 WL 4588871, at *1 (Tenn….
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Florida District Court Of Appeals Reverses Grant Of Summary Judgment To Developer That Challenged Development Density Ordinance Under Statutory Inordinate Burden Standard

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In a ruling on an interlocutory appeal, the Florida District Court of Appeal for the Fifth District recently reversed a summary judgment in favor of Waters Mark Development Enterprises, LC (“WMDE”) against Brevard County (“the County”) because  WMDE had not proven that the County’s residential development density standard constituted an inordinate burden on WMDE’s use…
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