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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The Securities and Exchange Commission has charged Roy Cook, a former board member of Tallgrass Energy LP, and four of his friends with insider trading for trading on material nonpublic information in advance of a public announcement that Blackstone Infrastructure Partners had offered to acquire Tallgrass and take it private. The five defendants agreed to…
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In Hinman v. ValleyCrest Landscaping Dev., Inc., the Sixth Circuit Court of Appeals affirmed the United States District Court, for the Middle District of Tennessee, Nashville Division’s grant of summary judgment to a Third-Party Defendant based on the statute of repose. 89 F.4th 572, 573 (6th Cir. 2024). The underlying claim stemmed from alleged faulty…
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On January 17, 2024, the Supreme Court of the United States (“SCOTUS”) heard oral arguments in the case of Relentless, Inc. v. Department of Commerce. The case involves a challenge by plaintiff Relentless to a rule issued by the National Marine Fisheries Service (“NMFS”) requiring the herring fishing industry to bear the cost of overcatch…
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In American Automobile Insurance Company v. FDH Infrastructure Services., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023), The Court of Appeals of Florida, Third District (“Court of Appeals”) held all construction-based claims against design professionals are subject to a four-year statute of limitations, not the two-year statute of limitations. Tower King II was contracted to…
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