The U.S. Supreme Court has granted a petition for writ of certiorari to review questions regarding clean-up activities required by the U.S. Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). Atlantic Richfield Co. v. Christian, No. 17-1498. In the suit, Atlantic Richfield seeks to overturn a decision by the…
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Attorneys Aaron Ashcraft and John C. Webb recently obtained summary judgment in a workers’ compensation action pending in Bessemer Alabama. The summary judgment asserted a novel res judicata argument, and was based on the proposition that a Plaintiff cannot recover benefits after previously asserting, and settling, a claim for permanent total disability benefits against the…
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In Continental 332 Fund, LLC, et al. v. Albertelli Construction Inc., et al., the Middle District of Florida analyzed Albertelli Construction, Inc.’s (“Albertelli”) claims against third-party defendant Continental Properties Company, Inc. (“Continental”) 2019 WL 2009369 (M.D. Fla. 2019). General contractor Albertelli filed third-party claims against Continental, one of which alleged a violation of the Florida…
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The Motor Carrier Exemption of the Fair Labor Standards Act (“FLSA”) provides a defense to many overtime claims by interstate truck drivers and others involved in the interstate shipment of goods. The exemption is not, however, limited to drivers who cross state lines. Rather, the exemption also applies to intrastate drivers as long as the…
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A California jury has awarded a $2.055 billion verdict in favor of a California couple, finding Monsanto’s product Roundup likely caused the couple’s cancer. Pilliod v. Monsanto Co., Case No. RG-1786272 (Cal. Super. Ct., Alameda Division). This is Bayer AG’s third consecutive Roundup trial loss since mid-2018 in cases involving claims the product caused cancer….
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FINRA is requesting comment on proposed Rule 4111 (Restricted Firm Obligations) that would impose obligations, including financial requirements, on designated member firms that cross specified numeric disclosure-event thresholds. FINRA believes that the proposal would promote investor protection and market integrity and provide another tool to incentivize broker dealers to comply with regulatory requirements and to…
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In Fletch’s Sandblasting & Painting, Inc. v. Fay, Spofford, and Thorndike LLC, 2019 WL 847731 (D.Me. Feb. 21, 2019), the Federal District Court held that a subcontractor that was not in contractual privity with an engineer could not seek to recover its economic losses caused by the engineer’s alleged negligent design due to the economic…
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In Tuscaloosa County v. Beville, 28 ALW 170-3 (2171022), 4/19/2019, Employee Chaka Beville (“Beville”) slipped and fell while working in the course and scope of her employment at the Tuscaloosa County jail in 2014, injuring her left wrist. She was treated by her authorized treating physician, Dr. Buckley, who performed surgery and later ordered a…
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Attorneys from LGWM’s Birmingham office attended Cahaba Valley Health Care’s annual See More Smiles Fundraising Breakfast. LGWM’s Brittany Herring serves as a board member for Cahaba Valley Health Care. The organization provides free dental and vision services for low-income individuals in Jefferson and Shelby Counties. Taffi Stewart, Sarah Redmond and Hannah Stokes also attended the…
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In Waltman v. Engineering Plus, Inc., 2019 WL 1071533 (Miss. March 7, 2019), the Mississippi Supreme Court held that an engineering firm providing engineering services for a roof repair did not have a duty to warn a roofing company’s employee of a dangerous condition. Engineering Plus, Inc. (“Engineering Plus”) was retained by the Lauderdale County…
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