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Court Of Appeals Of North Carolina Permits Waterproofing Subcontractor To Pursue Some Third-Party Claims Against Fellow Subcontractors

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In Ascot Corporation, LLC v. I&R Waterproofing, Inc., the Court of Appeals of North Carolina recently held that a subcontractor responsible for waterproofing could properly pursue the manufacturer of the waterproofing system for breach of the implied warranty of merchantability, but not for breach of express warranty, contribution, or negligence-based indemnity. Additionally, the Court held…
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President Biden Sign Speak Out Act Barring Use Of Non-Disclosure Agreements In Harassment Cases

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On December 7, 2022, President Joe Biden (“President Biden”) signed the Speak Out Act (“The Act”), which bans the use of pre-dispute, non-disclosure and non-disparagement contract clauses involving sexual assault and sexual harassment claims. The Act applies to agreements between employers, current employees, former employees and independent contractors. Pursuant to The Act, a non-disclosure clause…
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Epa Announces Ban On Hydroflourocabons

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On December 9, 2022, the U.S. Environmental Protection Agency (EPA) proposed a rule restricting the use of hydrofluorocarbons (HFCs). In a prepublication document, the EPA proposed the restriction of HFCs in refrigeration, air conditioning, heat pumps, foam blowing, and aerosols by 2025. The restriction would only apply if more environmentally friendly alternatives are available. According…
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Venezuelan Architect’s Use Of The Word “Architect” In Commercial Webpage Amounts To Unlicensed Practice Of Architecture In Florida

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In Enrique Feldman and Feldman Architecture v. Florida Department of Professional Regulation, So. 3d WL 17576861, (Fla. 1d DCA 2022), the First District Court of Appeal of Florida ruled against an architect for his online marketing of design services in Florida.  Enrique Feldman is an architect with thirty-five years of experience in Venezuela, but was…
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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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Eleventh Circuit Continues Trend Of Increased Scrutiny In No Hire And No Poach Agreements

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The United States District Court for the Southern District of Florida erred when it dismissed a suit against a group of Burger King franchisees that alleged the restaurants illegally maintained no-hire and no-poach agreements. The workers claimed Burger King’s franchisee agreements prevented them from obtaining employment at other franchise restaurants. See Arrington v. Burger King…
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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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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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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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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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