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Supreme Court Of Montana Rules Limitation Of Liability Is Enforceable In A Contract Action As Long As It Does Not Contract Away All Liability, But Not In A Professional Negligence Action

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In Zirkelbach Construction, Inc. v. DOWL, LLC, 402 P.3d 1244 (Mont. 2017), the Supreme Court of Montana ruled design professionals can contract to limit liability for a contract claim, even if the limitation is a nominal percentage of the overall fees paid, as long as the parties do not disclaim all liability outright. However, the…
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California Court Of Appeals Holds That The Relation Back Doctrine Does Not Apply To The Certificate Of Merit Requirement In Professional Negligence Actions Against Architects And Engineers

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In Curtis Engineering Corporation v. Superior Court of San Diego, 16 Cal. App. 5th 542 (Cal. App. Ct. 2017), the Court of Appeals for the Fourth District of California addressed the impact of the relation-back doctrine on the certificate of merit law in professional negligence actions against design professionals.  California’s certificate of merit law, codified…
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Eleventh Circuit Court Of Appeals Affirms Trial Court’s Interpretation Of What Constitutes Acceptance For Statute Of Limitations Purposes For Actions On Payment Bonds

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In Devin B. Strickland v. Arch Insurance Company, No. 17-10610, 2018 WL 327443 (11th Cir. Jan. 9, 2018), the Eleventh Circuit Court of Appeals affirmed the District Court’s determination that Strickland’s claim against the bond surety was time-barred due to his waiting more than one year after the completion of the contract and the acceptance…
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Recent Changes To National Labor Relations Board Law

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Since taking office, President Trump has appointed three new members to the five-member board of the National Labor Relations Board (“NLRB”), who will each serve a five year term.   This has resulted in big changes to Obama-era rulings.  The rulings so far have been pro-employer: In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14,…
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First Circuit Finds Monsanto Not Responsible For Pcb Remediation At Westport School

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The United States Court of Appeals for the First Circuit affirmed the District Court’s entry of summary judgment on all remaining claims in an action filed by the Town of Westport against Monsanto Company, Solutia, Inc., and Pharmacia.  Town of Westport v. Monsanto Company, Case No. 17-1461 (December 8, 2017).  In the suit, Westport alleged…
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Highlights From The Finra 2018 Regulatory And Examination Priorities Letter

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FINRA released its annual list of Regulatory and Examination Priorities for 2018.  FINRA will continue its focus on high-risk and recidivist brokers in terms of rulemaking initiatives and examinations. This year’s priority includes strengthening the current operation, while becoming more efficient.   The focus on senior and unsophisticated investors, which was highlighted in years past,…
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The 10th Circuit Court Of Appeals Found Alj’s For The Securities And Exchange Commission To Be In Violation Of The Appointments Clause, Which Could Potentially Upend The Black Lung Benefits Act

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An opinion from the 10th Circuit Court of Appeals, Bandimere v. Sec. & Exch. Comm’n, 844 F.3d 1168 (10th Cir. 2016), has the potential to substantially upend the Black Lung Benefits Act, particularly as it concerns authority of Administrative Law Judges to decided cases under the Black Lung Benefit Act. In Bandimere, the 10th Circuit…
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The Alabama Court Of Civil Apeals Clarifies What Costs Are Recoverable By A Prevailing Party In A Workers’ Compensation Case

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Section 25–5–89 of Alabama’s Workers’ Compensation Act provides a trial court the discretion to tax costs incurred by an injured party in pursuing their claim against an employer. However, this discretion is not unfettered and in Ex parte Ampro Prod., Inc., No. 2160818, 2017 WL 4563053, at *1 (Ala. Civ. App. Oct. 13, 2017), the…
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Arbitration Panel Grants Expungement In Recent Case

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Our firm recently obtained an award from a FINRA panel granting a Motion for Expungement.  The claim (Arbitration number 16-01770) was filed in June, 2016 and alleged negligence, breach of fiduciary duty, negligent supervision, and breach of contract.  The claims were related to charges Claimant suffered when he surrendered a fixed annuity and losses he…
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Illinois Court Of Appeals Affirms Design Professionals Not Liable For Breach Of Warranty Of Habitability Despite Contractor’s Insolvency

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In Sierra Court Condominium Association v. Champion Aluminum Corporation, 2017 IL App (1st) 143364, 75 N.E.3d 260 (Ill. Ct. App. 2017), First District Appellate Court of Illinois reaffirmed architects and engineering firms are not subject to the implied warranty of habitability of construction, even in the event the developer and general contractor are insolvent.  TR…
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