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Fourth District Court Of Appeal Of Florida Determines Duty Of Subcontractor To Defend And Indemnify General Contractor Did Not Extend To Project Owner

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In Blok Builders, LLC v. Katryniok, No. 4D16-1811, 2018 WL 637399 (Fla. Dist. Ct. App. Jan. 31, 2018), the District Court of Appeal of Florida, Fourth District, overturned a trial court’s decision requiring a subcontractor to defend and indemnify a project owner based on a reference in the Subcontract which adopted and incorporated by reference…
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U.S. Appeals Court Vacates Obama Era ‘Fiduciary Rule’ Requiring Financial Advisors To Act In Customers’ Best Interest

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On March 15, 2018, the 5th U.S. Circuit Court of Appeals in New Orleans voided the U.S. Department of Labor’s “fiduciary rule” adopted by the Obama administration in 2016 as a means to limit and reduce conflicts of interest among financial advisors providing retirement planning advice. The majority found in the case, Chamber of Commerce…
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New Jersey Announces $196 Million In Mtbe Settlements

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Shell, BP and Sunoco have agreed to pay $196.5 million to resolve New Jersey’s contamination claims over a gasoline additive that seeped into groundwater throughout the state.  The case is the first to be finalized since voters approved a constitutional amendment prohibiting money from such lawsuits being diverted away from cleanup and restoration of natural…
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Mississippi Court Of Appeals Holds Claims Against Engineer Are Barred By The Doctrine Of Accord And Satisfaction

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In Triangle Construction Company, Inc. v. Fouche and Associates, Inc., 218 So. 3d 1180 (Mississippi 2017), Triangle Construction Company, Inc. (“Triangle”) contracted with East Madison Water Association (“EMWA”) to build a water system in Madison and Leake Counties in Mississippi.  The contract designated Fouche and Associates (“Fouche”) as the project engineer, although Fouche was not…
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Finra Seeks Comment On Proposed New Rule Governing Outside Business Activities And Private Securities Transactions

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FINRA launched a retrospective review of its outside business activities and private securities transactions rules in May of 2017 to assess their effectiveness and efficiency. This request for comment stems from that review of FINRA Rule 3270 (Outside Business Activities of Registered Persons) and FINRA Rule 3280 (Private Securities Transactions of an Associated Person). The…
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Court Of Appeals Of Tennessee Holds It Is Defendant’s Burden To Present Evidence To Limit A Plaintiff’s Damages To Diminution Of Value

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In Patrick Durkin v. MTown Construction, LLC, N No. W201701269COAR3CV, 2018 WL 1304922, (Tenn. Ct. App. Mar. 13, 2018), the Court of Appeals of Tennessee overturned an award of property damages which was predicated in part upon the diminution of property value based upon a finding that the defendant had failed to present sufficient evidence…
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Further Circuit Split Regarding Sexual Orientation Discrimination Under Title Vii

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In recent years, a Circuit Court split has emerged regarding whether Title VII prohibits discrimination based solely on sexual orientation.  On February 26, 2018, the Justices of the Second Circuit Court of Appeals heard an appeal seeking reinstatement of a Title VII claim brought by the estate of a former employee, Donald Zarda (“Mr. Zarda”). …
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Supreme Court Rules In Venue Matter Determining That Interest Of Justice Overrides Initial Selection Of The Forum

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Stephen Hrobowski (“Hrobowski”) was involved in a motor vehicle accident in Montgomery County, Alabama in 2015 wherein his vehicle collided with a vehicle being operated by Kevin Ledyard (“Ledyard”).  The impact of this collision caused Ledyard’s vehicle to strike a vehicle being operated by Roosevelt McCorvey (“McCorvey”). At the time of the subject accident, McCorvey…
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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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Epa Approval Of Tmdls Does Not Require It To Make Permitting Determinations

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The United States Court of Appeals for the First Circuit has affirmed a lower court’s decision that the Environmental Protection Agency is under no obligation to require permits of landowners contributing to violations of state-developed Total Maximum Daily Loads (“TMDLs”).  Conservation Law Foundation v. EPA, 48 ELR 20013 (1st Cir. 2018). In this consolidated appeal,…
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