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United States District Court For The Northern District Of Ohio Denies A Motion For Summary Judgment Based On The Plain Meaning Of An Engineering Services Contract

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In United States of America v. Osborne, No. 4:11-CV-1029, 2017 WL 1135640 (N.D. Ohio March 27, 2017), the Northern District of Ohio denied a Motion for Summary Judgment filed by Third-Party Defendant William R. Gray Associates, Inc. (“Gray”) based on the permit procurement obligations in Gray’s agreement for engineering services with Third-Party Plaintiff City of…
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Court Dismisses Plaintiff’s Lawsuit For Failure To Comply With Discovery

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In Horton v. Hinton, 26 ALW13-4 (2150631), the Court of Civil Appeals affirmed a trial court’s dismissal of a lawsuit based on plaintiff’s failure to comply with discovery orders.    In February 2015, Brianna Horton filed suit against Bria Hinton alleging that Hinton drove her motor vehicle negligently and/or wantonly causing the subject motor vehicle…
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Eleventh Circuit Holds Insurer Need Not Reimburse Pre Tender Fees

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The Eleventh Circuit recently affirmed summary judgment in favor of an insurer on the issue of pre-tender defense costs in EmbroidMe.com, Inc. v. Travelers Property & Casualty Company of America, 845 F.3d 1099 (11th Cir. 2017). Applying Florida law, the court denied the insured’s breach of contract suit for over $400,000 in fees incurred before…
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Alabama Supreme Court Reverses Summary Judgment For Attorney In Legal Malpractice Action, Finding A Question Of Fact As To Plaintiff’s “Case Within A Case”

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In Bond v. McLaughlin, 2017 WL 728176, — So.3d — (Ala. 2017), the Alabama Supreme Court reversed summary judgment for an attorney in a legal malpractice action, finding a question of fact as to whether plaintiff could prove her “case within a case.”  In an Alabama legal malpractice action, the plaintiff must prove that the…
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Fourth Circuit Affirms Ruling That Cercla’s Discovery Rule Only Applies Where There Is A Viable Cercla Claim

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The United States Court of Appeals for the Fourth Circuit has ruled CERCLA’s discovery rule applies to toll West Virginia’s statutes of limitations only where the plaintiff has a viable CERCLA claim.  Blankenship v. Consolidation Coal Company, et al., No. 15-2480 & 2482 (4th Cir., March 7, 2017).  Section 9658 of CERCLA establishes a “federally…
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Pushing Back Against Eeoc Requests For Information And Subpoenas

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A recent decision issued by the Tenth Circuit Court of Appeals provides support for employers seeking to avoid broad and seemingly irrelevant Requests for Information by the Equal Employment Opportunity Commission (“EEOC”).  While an employer’s response to Requests for Information is usually an avenue to support its defenses, in the rare instance of overreaching or…
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Fifth Circuit Addresses The Trigger For Lien Filings

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In Golden Nugget Lake Charles, LLC v. W.G. Yates & Sons Constr. Co., No. 16-30496, 2017 WL 892407 (5th Cir. Mar. 6, 2017), the Fifth Circuit Court of Appeals determined the 60-day period for general contractors to file a lien against a project owner’s property under Louisiana Private Works Act § 9:4822(B) does not begin…
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Texas’s Certificate Of Merit Statute Requires Certifying Expert To Demonstrate Knowledge Of The Defendant Design Professional’s Area Of Practice

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In Levinson Alcoser Associates, L.P. v. El Pistolón II, LTD., No. 15-0232, 2017 WL 727269 (Tex. Feb. 24, 2017), the Supreme Court of Texas held Texas’s recently amended Certificate of Merit statute requires a plaintiff to accompany his complaint not only with a sworn Certificate of Merit from an expert stating the claim has merit,…
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Pollution Exclusion Precludes Coverage For Carbon Monoxide Damages

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Last week, the District of Oregon became the latest court to rule on the pollution exclusion that appears in almost every general liability policy. The court in Colony Insurance Company v. Victory Construction LLC, 2017 WL 960024 (D. Or. Mar. 9, 2017), concluded Colony had no duty to defend or indemnify its insureds for two…
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