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Indemnity Provision Requiring Engineer To Indemnify An Owner For Damage To Property May Encompass Economic Losses In Louisiana

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In Couvillion Group, LLC v. Plaquemines Parish Government, 2019 WL 6769614 (La. App. Dec. 11, 2019), Plaquemines Parish Government (“PPG”) contracted with Couvillion Group, LLC (“Couvillion”) to be the general contractor for the Project. PPG contracted with Professional Engineering Consultants Corporation (“PEC”) to provide engineering services for the project. During construction, PPG instructed Couvillion to…
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Contractor’s Bad Faith Claim Premised On Subcontractor Performance Bond Does Not Exist Under Alabama Law

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In Goudy Construction, Inc. v. Raks Fire Sprinkler LLC, Plaintiff Goudy Construction, Inc. (“Goudy”) served as the general contractor for a project for which Defendant Raks Fire Sprinkler LLC (“Raks”) submitted a bid to install a fire sprinkler system. 2019 WL 6841067 (N.D. Ala. 2019). Goudy accepted Raks’ bid and entered into a contractual agreement…
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Finra Releases December 2019 Board Of Governors Meeting Report

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The FINRA Board of Governors met on December 4-5, 2019 to discuss the organization’s 2020 proposed budget, reaffirm its Financial Guiding Principles, discuss several operational updates, and approve two rule proposals. Of noted importance to our clients, the Board approved two rule proposals to be filed with the Securities and Exchange Commission (SEC). Both proposed…
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Ohio Court Applies Constructive Submission Doctrine To Cwa Case

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A federal district court in Ohio has endorsed the “constructive submission” doctrine as a way to require the EPA to set standards for polluted bodies of water when states neglect or refuse to set those standards. Environmental Law & Policy Center v. EPA, Docket No. 3:19-cv-00295 (November 13, 2019, N.D. Ohio). The Clean Water Act…
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Exclusivity Provisions Of The Workers’ Compensation Act Do Not Bar Claims Of Negligence And Wantonnes Against The Employer For Conduct Occuring After The Workplace Injury

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In Ex parte Burkes Mechanical, Inc., 28 ALW 50-3 (1180402); 12/6/2019, 170-3 (2171022), 4/19/2019, the Employer, Burkes Mechanical, Inc., (Burkes Mechanical) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying its Motion to Dismiss claims of negligence and wantonness asserted against it by Employee Alexsie…
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Eleventh Circuit Dismisses Equal Protection Challenge To Alabama Minimum Wage Law

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After a recent Eleventh Circuit decision in Lewis v. Governor of Alabama 896 F.3d 1282 (11th Cir. 2018), the Eleventh Circuit Court of Appeals agreed to a full-court review to decide the validity of a 2016 Alabama Law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages. The law was…
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Court Holds That Subcontractor Cannot Recover For Unjust Enrichment From Client Owners

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The Middle District of Florida held that a client-owner was not unjustly enriched despite a subcontractor’s belief that the client-owner was undercharged by the general contractor. In Commercial Repairs and Sales, LLC v. Signet Jewelers Limited, Plaintiff Commercial Repairs and Sales, LLC (“CRS”) provided construction improvement and facility management. Defendant Signet Jewelers Limited (“Signet”) is…
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Finra Requests Comment On A Proposed Rule To Limit A Registered Person From Being Named A Customer’s Beneficiary Or Holding A Position Of Trust For Or On Behalf Of A Customer

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FINRA is seeking comments on a new rule proposal that would limit any registered person of a broker-dealer from being named a beneficiary, executor or trustee, or to have a power of attorney or similar position of trust, for or on behalf of a customer.  FINRA believes being a customer’s beneficiary or holding a position…
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District Court Rules Epa’s Interpretation Of Clean Water Act Permitting Requirements Is Reasonable

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The United States District Court for the District of Massachusetts has ruled pollution from a Cape Cod resort that travels through groundwater into the Atlantic Ocean is not subject to Clean Water Act permitting requirements.  Conservation Law Foundation v. Longwood Venues & Destinations, Inc., No. 1:18-cv-11821 (November 26, 2019, D. Mass.).  The Complaint alleges treated…
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