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The Court Of Appeals Of Michigan Holds That An Architect Owed No Common Law Duty To Owner For Alleged Professional Negligence

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In Auburn Hills Tax Increment Finance Authority v. Haussman Construction Co., 2018 WL 385057 (Mich. Ct. App. January 11, 2018), the Michigan Court of Appeals held that the owner of a construction project could not maintain a professional negligence claim against the architect for failing to adequately review payment applications. The Auburn Hills Tax Increment…
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Alabama Supreme Court Upholds Forum Selection Clause

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In Ex parte Consol. Pipe & Supply Co., Inc., No. 1170050, 2018 WL 3083719 (Ala. June 22, 2018), the Alabama Supreme Court overturned an order granting a motion to transfer venue based upon a valid forum-selection clause. The Court held that the doctrine of forum non conveniens cannot be used to frustrate an otherwise valid…
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Fourth Circuit Weighs In On Clean Water Act’s Constructive Submission Doctrine

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In Ohio Valley Environmental Coalition (OVEC) v. Pruitt, 893 F.3d 225 (4th Cir. 2018), the Fourth Circuit Court of Civil Appeals rejected the District Court’s application of the “constructive submission” doctrine, which applies when a state disregards its obligations to submit Total Maximum Daily Loads (TMDLs) required by federal law.   Under this doctrine, a Court…
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The Court Of Civil Appeals Confirms That An Evidentiary Hearing Must Be Conducted Before A Trial Judge Can Compel Medical Treatment

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In Ex parte Sears Roebuck and Co., 27 ALW 20-6 (2170632), 5/11/2018, the employee, Jeffrey Donaldson, (“Donaldson”), filed a Complaint for workers’ compensation benefits against his employer, Sears Roebuck and Co. (“Sears”) alleging that he suffered a compensable injury to his back while repairing an air-ventilation unit in 2016.  Donaldson received authorized treatment for his…
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The Second Circuit Holds A Provision For Sealed Drawings Does Not Sufficiently Link The Owner And Design Professional For Purposes Of Contractual Privity Equivalence To Allow A Direct Suit By The Owner Against The Design Professional

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In Stapleton v. Barret Crane Design & Engineering, 2018 WL 985775, (2nd Cir. 2018), the United States Court of Appeals for the Second Circuit found that contractual privity, or its functional equivalent, did not exist between an owner and engineering firm retained by the design-builder, because there was no contract between the parties and the…
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Supreme Court Affirms Validity Of Employment Agreements Containing Waivers For Class Or Collective Actions

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On May 21, 2018, in Epic Systems Corp. v. Lewis, the Supreme Court upheld the enforceability of arbitration agreements containing class and collective action waivers of wage and hour disputes.  In deciding the case, the majority held that the Federal Arbitration Act (“FAA”) mandates the enforcement of arbitration agreements and the right to pursue class…
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Court Reduces $50 Million Punitive Damages Award In Hog Farm Nuisance Case

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A federal judge in North Carolina has reduced a $50 million punitive damages award in a nuisance suit against a hog farm that stored the animal waste in open-air lagoons and sprayed it on nearby fields.  McKiver, et al. v. Murphy-Brown, LLC, 7:14-CV-180 (May 7, 2018, E.D.N.C.).  The Court relied on North Carolina’s law capping…
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Alabama Legislature Expands Scope Of Home Builders Licensure Board Act To Clarify Scope Of Licensure Requirement For Home Improvements And Now Governs All Residential Roofing Companies

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The Alabama legislature recently amended provisions of the Home Builders Licensure Board Act (the “HBLB Act”) to expand the scope of home building projects and companies required to comply with the HBLB Act.  The HBLB Act was originally enacted to protect individual homeowners when engaging a Construction company to either build a new home or…
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Enhancements To Finra’s Disclosure Review Verification Process Permits Firms To Rely On Process For Compliance With Public Financial Records Searches Of Applicants And Registered Persons

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Beginning on July 9, 2018, FINRA is enhancing its disclosure review process to enable it to conduct a public records search of information relating to bankruptcies, judgments and liens, within fifteen calendar days from the date of an applicant’s Form U4. These enhancements will allow FINRA to verify the accuracy and completeness of an applicants’…
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Fourth Circuit Holds Indirect Discharges Actionable Under Cwa As Ongoing Violation

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The Fourth Circuit reversed a District Court’s dismissal of a lawsuit over a Kinder Morgan Energy Partners LP subsidiary’s gasoline pipeline spill in South Carolina, holding the Clean Water Act covers claims that the spill contaminated nearby creeks and wetlands after traveling through groundwater.  Upstate Forever v. Kinder Morgan Energy Partners, L.P., 887 F.3d 637…
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