Statutes of repose serve to cut off a right of action by establishing a date by which the action no longer exists. The action is cut off regardless of whether the action has accrued by that date or not. Arkansas’ Statute of Repose includes the following provision: “(a) No action in contract, whether oral or…
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Highlighting the importance of the statute of repose in relation to construction and design indemnity claims, the United States Court of Appeals for the Sixth Circuit recently affirmed summary judgment based on the Tennessee statute of repose in favor of a third-party defendant subcontractor. Hinman v. ValleyCrest Landscaping Development, Inc., 89 F.4th 572 (6th Cir….
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FINRA recently announced M1 Finance LLC has been fined $850,000.00 for violations relating to social media posts made by influencers on the firm’s behalf. Beginning January 2020 to April 2023, FINRA found M1 Finance compensated social media influencers for content promoting the firm. M1 Finance also requested the influencers include a hyperlink to the firm’s…
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On April 10, 2024 the Environmental Protection Agency (“EPA”) finalized drinking water regulations for per- and polyfluoroalkyl substances (“PFAS”). The EPA expects that the regulations will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable diseases. The finalized EPA regulations establish…
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In 2022, Florida enacted the Individual Freedom Act, which Governor Ron DeSantis called the “Stop WOKE Act” (“the Act”). Specifically, the Act prohibited Florida employers from requiring employees to attend any training or activity that “espouses, promotes, advances, inculcates, or compels” an individual to believe certain prohibited “concepts” relating to race, color, sex, or national…
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In Claudio Navarro v. Alfredo L. Borges, a construction laborer sued the general contractor and president of the company alleging they breached a duty to provide adequate safety equipment on the jobsite after he sustained injuries from a fall off a roof. On appeal, the Third District Court of Appeals for the State of Florida…
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In Johnson v. Toll Bros., Inc., two homeowners sued a construction contractor alleging that it had negligently constructed their house in such a manner that allowed significant water intrusion resulting in continuous damage for a period of at least five years up until the time they filed suit. 2023 PA Super 169, 302 A.3d 1231…
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The recent decision by the Louisiana Court of Appeals in City of Ruston v. Womack & Sons Construction Group, Inc., 374 So. 3d 311 (La. App. 2 Cir. 2023) underscores the critical need for architects to meticulously draft and review contracts, contract conditions, and change orders in construction projects. The City of Ruston (the “City”)…
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Historically, non-compete agreements were utilized to safeguard a company’s trade secrets, proprietary information, and customer relationships. Non-compete agreements served as critical tools for protecting business interests. However, over the past few years, there has been a recent legislative priority to limit or ban the use of restrictive covenants. In 2021, President Joe Biden signed an…
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On February 8, 2024, the EPA proposed changes to regulations under the Resource Conservation and Recovery Act (RCRA) to add nine PFAS compounds, “their salts, and their structural isomers . . .” to RCRA’s hazardous constituents list. The EPA promulgates a list of hazardous constituents under RCRA “comprised of chemicals that have toxic, carcinogenic, mutagenic,…
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