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VICTORYLAND V. PATRICIA DIANNE ARNOLD:  SUBSEQUENT MVA NOT SUFFICIENT TO RELIEVE EMPLOYER FROM LIABILITY FOR FUTURE MEDICAL BENEFITS

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This case explores the extent of an employer’s liability for future medical benefits when a subsequent non-work-related event aggravates a prior work-related injury. Background In 2006, Patricia Dianne Arnold sustained a back injury while working for Victoryland. In 2009, the parties settled Arnold’s claim, with Victoryland paying $6,500.00, and agreeing to remain liable for future…
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CIVIL REMEDY NOTICE: REQUIREMENTS FOR STATUTORY BAD-FAITH LAWSUITS IN FLORIDA

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In Florida, a third-party bad-faith action may be pursued under the common law or the civil remedy statute, but a first-party bad-faith claim must be brought under the civil remedy statute. Macola v. Gov’t Emps. Ins. Co., 953 So. 2d 451, 457 (Fla. 2006). Some states, including Alabama, allow a claimant to file a bad-faith…
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FINRA’S “BROAD REVIEW” INVITES INDUSTRY INPUT

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The Financial Industry Regulatory Authority (FINRA) has initiated a comprehensive review of its regulatory framework, aiming to modernize rules to better align with the evolving dynamics of the financial industry. This initiative underscores FINRA’s commitment to maintaining effective and efficient regulations that protect investors and ensure market integrity. Central to this process is the solicitation…
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IMPORTANCE OF ARTIFICIAL INTELLIGENCE POLICIES IN THE WORKPLACE

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In recent years, there have been significant advancements in the field of artificial intelligence (AI). As AI continues to advance, its applications in the workplace are becoming increasingly prevalent. From automating mundane tasks to enhancing decision-making processes, AI has the potential to revolutionize industries and reshape the workforce. However, with this power comes a need…
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TEXAS ABROGATES PART OF THE ECONOMIC LOSS RULE

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In Paradyme Asset Management, LLC v. Figurd, LLC, a dispute arose over the architectural design of an apartment complex in San Antonio, Texas. Paradyme Asset Management, LLC (“Paradyme”) contracted with Figurd, LLC (“Figurd”) as the architect. Figurd subcontracted with David Robertson and Robertson Architecture, LLC (collectively, “Robertson”) to actually perform the architectual design. While Robertson…
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U.S. SUPREME COURT DECISION IN SAN FRANCISCO V. EPA ELIMINATES END-RESULT NPDES PERMIT REQUIREMENTS

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The Supreme Court recently issued a decision in City & County of San Francisco v. Environmental Protection Agency, which clarifies the authority of federal and state environmental enforcement agencies to include limitations in pollutant-discharge permits. The Court held the Environmental Protection Agency (“EPA”) has authority to specify the actions a permittee must take to ensure…
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CONNECTICUT SUPREME COURT RULES CONDO OWNERS’ NEGLIGENCE CLAIM AGAINST ASSOCIATION IS TIME-BARRED BUT PERMITS BREACH OF CONTRACT CLAIM FOR FAILING TO REPAIR DEFECTIVE FOUNDATIONS TO THEIR UNITS TO PROCEED

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In Canner v. Governors Ridge Ass’n, Inc., unit owners sued a condominium association alleging that the foundations supporting their respective units were sinking as a result of improper design. 311 A.3d 173 (Conn. 2024). The two counts of the complaint alleged (1) the foundations were constructed under the units negligently and (2) the condo association…
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LOUISIANA COURT OF APPEALS REVERSES SUMMARY JUDGMENT FOR ARCHITECTURAL FIRM

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In the recently decided case, Holleman v. Golden Nugget Lake Charles, LLC, 2024-70 (La. App. 3 Cir. 11/27/24), the Louisiana Court of Appeals reversed the summary judgment granted in favor of an architectural firm.  Holleman involved personal injury claims brought against the Golden Nugget Casino and the architectural firm Bergman Walls for alleged injuries suffered…
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IDAHO SUPREME COURT REAFFIRMS REPAIR DOCTRINE IS NOT AVAILABLE IN IDAHO

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In Moyer v. Doug Lasher Construction, Inc., 560 P.3d 1114, 1116 (2024), the Idaho Supreme Court issued an opinion that clarifies several critical issues in construction law and the application of the statute of limitations on summary judgment.  Plaintiff Moyer (“Moyer”) entered into an agreement with Defendant Doug Lasher Construction (“Lasher”) for the construction of…
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