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Alabama Supreme Court Holds Products Completed Work Hazard Aggregate Limit Does Not Apply In Addition To General Aggregate Policy Limit

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In Pharmacists Mut. Ins. Co. v. Advanced Specialty Pharmacy LLC, No. 1140046, 2016 WL 6819657 (Ala. Nov. 18, 2016), the Alabama Supreme Court reduced an award against a pharmacy’s general liability and umbrella insurer by $3M after finding underlying claims only were subject to the policies’ general aggregate limit, and not also the products/completed work…
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Court Of Appeals Of Kentucky Reverses A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Economic Loss Doctrine.

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In D.W. Wilburn, Inc. v. K. Norman Berry Associates, Architects, PLLC, No. 2015-CA-1254-MR (Ky. Ct. App. Dec. 22, 2016), the Kentucky Court of Appeals reversed a lower court’s grant of summary judgment in favor of Third-Party Defendant K. Norman Berry Associates, Architects, PLLC, the architect hired by the Oldham County Board of Education to design…
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Nevada Supreme Court Determines When A Notice Of Completion Is “Issued” For Purposes Of Commencement Of Actions Under Nrs 11.2055

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In Dykema v. Del Webb Communities, Inc., No. 69335, 2016 WL 7626184 (Nev. Dec. 29, 2016), the Nevada Supreme Court clarified when a notice of completion is “issued” under NRS 11.2055(1)(b), which establishes the date of substantial completion for statute of repose purposes.  The Court determined a notice is “issued” when it is recorded, not…
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Supreme Court To Rule On Legality Of Arbitration Agreements Precluding Collective Pursuit Of Claims By Employees

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As anticipated in light of the split among the Circuits, the Supreme Court agreed to consider whether arbitration agreements in employment contracts may preclude collective pursuit of claims.  In a growing trend, employers have included what are effectively class action bans within employment arbitration agreements.  The collective action waivers protect employers from the high defense…
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Ohio Jury Awards 12.5 Million Verdict Against Dupont Over Pfas

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An Ohio federal court jury recently awarded $10.5 million in punitive damages to a man who said DuPont’s chemical caused his cancer.  Plaintiff alleged his drinking water was contaminated by C8, a chemical used to make Teflon, from smokestack emissions at DuPont’s Washington Works plant.  The particles allegedly settled on the Little Hocking Water Association…
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Recent Case Involving Alternative Investments Receives Award For Respondent

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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 claim (Arbitration number 16-01352) was filed in May, 2016.  Claimant alleged claims of unsuitability, breach of fiduciary duty, breach of contract, failure to supervise, violation of the Alabama Securities Act, violation of securities regulatory rules,…
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Reasonably Necessary Mileage Costs

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On September 16, 2016, the Alabama Court of Civil Appeals released its decision in Page v. Southern Care, Inc., — So.3d —, 2016 WL4938180 regarding reimbursement of reasonably necessary mileage costs.         The employee in Page, found employment as a nurse out of state on a temporary basis in West Palm Beach, Florida and in Valdosta, Georgia.  She…
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Finra’s Recommendations For Expedited Arbitrations

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 FINRA allows for expedited arbitration proceedings in cases involving senior and seriously ill parties.  While there is no specific rule within the Code of Arbitration Procedure, once FINRA determines that a matter involves an elderly or ill party, the case is flagged as an expedited case.  FINRA then endeavors to complete the arbitration process as quickly…
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Nlrb Seeks Supreme Court’s Intervention To Resolve Circuit Split Over Enforceability Of Arbitration Agreements Prohibiting Class Action

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The National Labor Relations Board filed a petition for certiori earlier this month asking the United States Supreme Court to consider the enforceability of class-action waivers in employee arbitration agreements.  The arbitration agreements at issue are those that require employees to waive their right to bring or join a class action, instead requiring the employees…
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Eighth Circuit Refuses To Certify Class In Case Alleging Neighborhood Claims For Damages Arising From Toxic Tort Vapor Intrusion

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In Ebert v. General Mills, 823 F.3d 472 (8th Cir. 2016), the United States Court of Appeals for the Eighth Circuit held the United States District Court of Minnesota’s entry of an Order certifying a proposed class of plaintiffs in an environmental pollution case was an abuse of discretion because “the class lacks the requisite commonality and cohesiveness…
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