205-967-8822 Contact

News & Insights

Finra Urges Firms To Review Their Policies And Procedures Relating To Red Flags Of Potential Fraud Involving Low Priced Securities

Posted on

FINRA recently issued Regulatory Notice 21-03 providing information to help FINRA member firms that engage in low-priced securities business assess and, as appropriate, strengthen their controls to identify and mitigate their risk, and the risk to their customers, including specified adults and seniors, of becoming involved in activities related to fraud involving low-priced securities.  FINRA…
Read More

North Carolina Appellate Court Rules The Licensure Defense Does Not Bar Contractor’s Negligence Claims Against Design Professionals

Posted on

In Wright Construction Services, Inc.v. The Hard Art Studio, PLLC, 2020 WL 7906704 (N.C. App. Dec. 31, 2020), a North Carolina appellate court held that the “licensure defense,” which prevents a builder that is unlicensed at the start of a project from recovering in a breach of contract claim, does not apply to negligence claims…
Read More

Can Employers Require Employees To Receive Covid-19 Vaccination?

Posted on

The Food and Drug Administration (“FDA”) recently issued emergency use authorizations for COVID-19 vaccines. As the vaccines become widely available, more employers will consider whether to mandate vaccinations for employees. While generally employers may mandate vaccinations, there are some additional considerations with the COVID-19 vaccine. A key consideration is the Americans with Disabilities Act (“ADA”),…
Read More

Finra Releases December 2020 Board Of Governors Meeting Report

Posted on

FINRA’s Board of Governors met on December 2-3, 2020, to review FINRA’s 2020 financial performance, approve the organization’s 2021 proposed budget, reaffirm FINRA’s Financial Guiding Principles, approve rule proposals, and receive several operational updates. The Board approved two rule proposals to be filed with the Securities and Exchange Commission (SEC), directing impacting our clients. As…
Read More

Florida Appellate Court Finds Setoff Award Was Relevant Consideration For Determining Prevailing Party Under Lien Enforcement Statute

Posted on

In Hayward Baker, Inc. v. Westfield Ins. Co., the Florida District Court of Appeal, Second District, reversed a lower court’s order denying a subcontractor’s motion for attorneys’ fees under Florida Statutes, Section 713.29.  2020 WL 7767859, at *1 (Fla. Dist. Ct. App. Dec. 30, 2020). The underlying case stemmed from construction of an addition to…
Read More

United States Supreme Court Will Hear A Case Seeking Guidance On The Applicable Statute Of Limitations In A Cercla Contribution Case

Posted on

The U.S. Supreme Court has agreed to hear litigation concerning which section of the law, and their different statutes of limitations, parties must use when seeking to recoup Superfund cleanup costs.  The case, Guam v. United States, Case No. 20-382, is slated to be heard in the Court’s upcoming term. In 2017, Guam sued the…
Read More

Michigan Court Of Appeals Finds Architect Did Not Owe Project Owner A Duty Absent A Contract Or Special Relationship

Posted on

In Rochester Endoscopy and Surgery Center, LLC and Jaro Company, LLC v. DesRosiers Architects, PC, 2020 WL 6231823 (Mich. App. October 22, 2020), the Court of Appeals of Michigan granted Defendants’ Motion to Dismiss the professional negligence claims against the architect. The Rochester Plaintiffs purchased a unit in a condominium, which they intended to convert…
Read More

Southern District Of Alabama Grants With Prejudice Insurer’s Motion To Dismiss Business Owner’s Declaratory Action Seeking Coverage For Covid-Related Business Interruption

Posted on

On October 21, 2020, the Southern District of Alabama issued its first opinion addressing a COVID-19-related claim for lost income under the “business interruption” provision of an “all-risk” policy. Hillcrest Optical, Inc. v. Cont’l Cas. Co., No. 1:20-CV-275-JB-B, 2020 WL 6163142 (S.D. Ala. Oct. 21, 2020). After the plaintiff closed its business in compliance with…
Read More

Fraud Claims Asserted By Homeowner Against Engineer Dismissed For Lack Of Specificity

Posted on

In Hinman v. ValleyCrest Landscape, Inc. and Aquatic Design & Engineering, Inc., No. 3:19-cv-551, 2020 WL 434161 (M.D. Tenn. Jan. 28, 2020), the United States District Court for the Middle District of Tennessee granted Defendants’ Motion to Dismiss the fraud claims alleged against the engineer for lack of specificity in the pleading.   Plaintiff, the…
Read More

United States District Court Denies General Contractor’s Summary Judgment Motion Based On Statute Of Repose Issues Due To Contractor’s Actual Knowledge Of Construction Defects And Misrepresentations Of That Knowledge

Posted on

In Bristol Southside Association, Inc. v. Meridian Construction & Development, LLC, the United States District Court for the Northern District of Alabama denied the Defendant’s Motion for Summary Judgment, which it supported by arguing the Plaintiff’s claims were barred under Alabama’s statute of repose. 2020 WL 6712270. Plaintiff Bristol Southside Association, Inc. (“Bristol”) asserted several…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch