In Anderson v. Taylor Morrison of Florida, Inc., No. 2D16-314, 2017 WL 2374404 (Fla. Dist. Ct. App. May 31, 2017), the Second District Court of Appeal of Florida held an arbitration provision in a homeowner’s sales agreement was void as against public policy because it limited the homeowner’s statutory remedies. In April 2009, Reginald and…
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Our firm recently obtained an award from a FINRA panel denying all of Claimant’s claims and finding for Respondents. The panel also granted our Motion for Expungement. The claim (Arbitration number 16-03568) was filed in December, 2016. Claimant alleged claims of breach of fiduciary duty, breach of contract, failure to supervise, violation of the Alabama…
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A New York Appellate Court has ruled a hazardous materials exclusion did not relieve an insurer of its obligation to defend a recycling plant operator from claims the Plant is spreading a foul odor. Hillcrest Coatings, Inc. v. Colony Ins. Co., 2017 NY App. Div. LEXIS 4519 (NY 4th Dept. June 9, 2017). The five-judge…
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The Massachusetts Supreme Court recently issued the most comprehensive opinion to date addressing whether an insurer’s duty to defend extends to counterclaims asserted by the insured. The court in Mount Vernon Fire Ins. Co. v. VisionAid,Inc., SJC-12142 (Mass. 2017), held that where an insurance policy provides that the insurer has the “duty to defend any…
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On January 17, 2017, the IRS issued a Guidance Notice classifying syndicated conservation easement transactions as “Listed Transactions,” or presumed tax shelters. A conservation easement is an agreement between a landowner or investor, and a land trust or government agency that permanently limits development of the land with the aim of conservation. The restrictions are…
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The National Employment Law Project (“NELP”) partnered with several other organizations to spearhead a grassroots movement to encourage employers to change their policies to consider the qualification of job applicants without consideration of their criminal history. Prior to the efforts of NELP, it was commonplace for an employer to ask a job applicant whether the…
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In Corwin v. NYC Bike Share, LLC, No. 14-CV-1285, 2017 WL 1399034 (S.D.N.Y. Apr. 13, 2017), the Southern District of New York granted a Motion for Summary Judgment in favor of Alta Planning + Design + Architecture of New York, PLLC (“APD”) against the City of New York (the “City”) based on deviations from APD’s…
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In Busch v. Lennar Homes, LLC, No. 5D16-1626, 2017 WL 1372085 (Fla. Dist. Ct. App. April 13, 2017), Florida’s Fifth District Court of Appeals found the trial court improperly dismissed the Homeowner’s complaint regarding construction defects based on the ten year statute of repose. The Court determined the Homeowner’s complaint was not barred by the…
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The Washington State Supreme Court recently published an opinion that may impact how courts will approach exclusions in certain liability policies. In Xia v. ProBuilders Specialty Insurance Company, 2017 WL 1532219 (Wash. Apr. 27, 2017), a homeowner became ill soon after moving into a new house. It later was determined an improperly installed exhaust vent…
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In Lawley v. Chelsea Hidden Acres, Aaron Ashcraft obtained a defense verdict from Judge Sonny Conwill following a bench trial. The Plaintiff alleged she sustained an injury in the course and scope of her employment as a patient care tech, lifting a resident out of a bed on July 23, 2013. This allegation remained consistent…
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