205-967-8822 Contact

News & Insights

Subcontractor Left With No Remedy Against Homeowner Based Upon Plain Language Of Texas’ Materialman’s Lien Provisions

Posted on

In Precision Roofing, Inc., Appellant v. David Zavelson & Tracy Zavelson, Appellees, No. 03-17-00550-CV, 2018 WL 5852680, at *1 (Tex. App. Nov. 9, 2018), the Texas Court of Appeals addressed the validity of a subcontractor’s materialman’s liens. In October 2014, David Zavelson—but not Tracy Zavelson—signed a contract with Cox Development Corporation to remodel and expand…
Read More

Kids’ Climate Change Suit Temporarily Delayed In Ninth Circuit

Posted on

The trial in a climate change lawsuit brought by 21 youths has been stayed after the Ninth Circuit Court of Appeals granted the government’s request that it consider halting the case.  Juliana v. United States, No. 18-73014 (November 8, 2018), was filed in 2015 and contends the federal government pursued energy policies that caused climate change…
Read More

Supreme Court Holds Adea Still Applies To Small County Employer

Posted on

The United States Supreme Court resolved a split among Circuit Courts on the question of whether the Age Discrimination in Employment Act (“ADEA”) applies to state and federal political entities with fewer than 20 employees.  In Mount Lemmon Fire Dist. v. Guido, 586 U.S. ____ (2018), the Court unanimously held that the ADEA applies to…
Read More

Sixth Circuit Rejects Hydrological Connection Theory As Basis For Cwa Liability

Posted on

The 6th U.S. Circuit Court of Appeals has ruled the Clean Water Act (CWA) does not apply to pollutants that travel through groundwater before entering navigable waters.  Tennessee Clean Water Network, et al. v. Tennessee Valley Authority (TVA), Case No. 17-6155 (6th Cir., September 24, 2018).  The ruling comes less than two weeks after a…
Read More

Tenth Circuit Affirms Courts Can Hear Suits Without Eeoc Charges

Posted on

Most cases involving allegations of workplace discrimination under the federal anti-discrimination statutes are first brought to light through a plaintiff’s filing of a Charge with the Equal Employment Opportunity Commission (“EEOC”).  Through Title VII, Congress established a procedure requiring an individual seeking to file an employment discrimination claim to first file a charge with the…
Read More

Louisiana Federal District Court Rules Contractor Could Not Recover For Acts Of Contract Administration Made By Architect In Good Faith

Posted on

In Patriot Contracting, LLC v. Star Insurance Company, 2018 WL 1123586 (U.S. Dist. Ct., E.D. La.), the United States District Court for the Eastern District of Louisiana ruled that exculpatory clauses in the general contract benefitting the architect were enforceable.  The State of Louisiana (the “State”) contracted with Defendant The Architectural Studio/James Dodds, AIA Corporation…
Read More

Finra Establishes A Per Arbitrator Fee And Honorarium For Late Cancellation Of Prehearing Conferences

Posted on

The SEC approved amendments to FINRA’s customer and industry arbitration rules to charge parties who request cancellation of a prehearing conference within three business days of the prehearing conference a $100 per-arbitrator fee. The amendment also provides for a $100 honorarium to each arbitrator scheduled to attend the cancelled prehearing conference. The fee applies even…
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