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Eleventh Circuit Resolves Forty Year Old Battle To Restore The Ocklawaha River By Concluding It Lacks Subject Matter Jurisdiction To Review Agency Enforcement Decisions

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In 1971, President Richard Nixon cancelled construction of the Cross Florida Barge Canal in order to prevent permanent damage to the Ocklawaha River.  By the time the Canal construction was cancelled, nearly one-third of the project was completed.  The Rodman Dam (now the Kirkpatrick Dam) blocked the Ocklawaha River and created the Rodman Reservoir.  The…
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Fifth Circuit Stays Osha’s Covid 19 Emergency Temporary Standard

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On November 5, 2021, OSHA released a COVID-19 Emergency Temporary Standard (“ETS”) providing that employers with at least 100 employees adopt a vaccination policy requiring employees to be fully vaccinated or submit to weekly testing. The ETS further required employers to provide paid time off to recover from and receive the vaccine, and unvaccinated employees…
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Architect’s Contract To Observe Construction Did Not Create Duty To Ensure That Plumbing Work Complied With Design Plans

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In Chicago Ambulatory Surgery Associates, Inc. v. Restore Construction, Inc., 2021 WL 4168597 (Ill. App. Sept. 14, 2021), an Illinois court held an architect that contracted to provide design drawings and make regular site visits did not also undertake a duty to inspect plumbing work for compliance with those drawings. The owner hired Restore Construction,…
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Can Texas Prevent Residents From Accessing A Public Beach

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On October 11, 2021, Community group SaveRGV (“SaveRGV”) sued the Texas General Land Office, Texas Land Commissioner George P. Bush and Cameron County (“Texas”) for allegedly violating the state constitution. SaveRGV alleges that, by frequently and unpredictably closing a nearby beach for SpaceX to launch rockets at a nearby facility, Texas is violating its constitution….
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Finra Adopts New Rules To Address Firms With A Significant History Of Misconduct

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FINRA has adopted new rules specifically tailored towards firms with a significant history of misconduct. The new rules, which become effective on January 1, 2022, allow FINRA to impose new obligations on broker-dealers with significantly higher levels of risk-related disclosures than other similarly sized peers. The new rules would also apply to firms with a…
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Finra Reminds Firms Of Their Supervisory Obligations Related To Outsourcing To Third Party Vendors

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In light of the fact that many member firms are increasingly using third-party vendors to perform a variety of core business functions, FINRA recently published Regulatory Notice 21-29, “FINRA Reminds Firms of their Supervisory Obligations Related to Outsourcing to Third-Party Vendors.” Regulatory Notice 21-29 reminds member firms of their obligation to establish and maintain a supervisory…
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Who Can Offer A Certificate Of Merit Against A Design Professional In Texas

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In Barrientos v. Jacobs Engineering Group, Inc., No. 13-20-00092-CV, 2021 WL 3411869 (Tex. App. Aug. 5, 2021), the Court of Appeals of Texas, Corpus Christi-Edinburg held that Texas law mandates that a design professional expert offering opinions against another design professional must be licensed or registered in Texas. On March 4, 2019, Barrientos filed a…
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