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SOUTH CAROLINA COURT OF APPEALS RULES ENGINEER COULD PROVIDE CERTAIN TESTIMONY REGARDING ARCHITECT’S STANDARD OF CARE

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Increasingly more states are enacting certificate of merit statutes for professional negligence claims, but what satisfies the certification requirement continues to be litigated. The South Carolina Court of Appeals recently held an affidavit from engineer was sufficient to satisfy the affidavit filing requirement for claims of professional negligence against an architect, at least as it…
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COURT RULES THAT NONRECOURSE PROVISION IN COMMERCIAL CONTRACT BARRED TORT CLAIMS AGAINST PARTY THAT BREACHED CONTRACT

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In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 WL 3363321 (N.Y. App. Div. July 11, 2024), a New York appellate court held that a nonrecourse provision in a construction contract entered into by sophisticated parties barred tort claims against the alleged breaching party. Defendants Oaktree Capital Management L.P. (“Defendants”) created a special-purpose entity,…
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EEOC IMPLEMENTS FINAL REGULATIONS FOR THE PREGNANT WOMAN’S FAIRNESS ACT AND FILES FIRST LAWSUITS

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On June 27, 2023, Congress passed the Pregnant Woman’s Fairness Act (“PWFA”). The PWFA requires employers with 15 employees or more to provide reasonable accommodations to employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodation would cause the employer an undue hardship. The PWFA directs the EEOC…
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THIRD CIRCUIT CREATES CIRCUIT SPLIT IN MONSANTO ROUNDUP LITIGATION

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On August 15, 2024 the United States Court of Appeals for the Third Circuit held in David Schaffner, Jr. and Theresa Sue Schaffner v. Monsanto Corporation, 113 F.4th 364 (3d Cir. 2024) that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempted the Plaintiffs’ Pennsylvania state law failure to warn claims. The Third Circuit’s ruling…
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TD BANK PLEADS GUILTY TO CONSPIRACY TO COMMIT MONEY LAUNDERING, FINED $3 BILLION

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Canada-based TD Bank pleaded guilty to conspiracy to commit money laundering. The bank is the largest to do so and will pay approximately $3 billion in a settlement with U.S. authorities who said that the financial institution’s lax practices allowed significant money laundering over multiple years. “TD Bank created an environment that allowed financial crime…
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RIPENESS AND THE DUTY TO INDEMNIFY IN ALABAMA

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The general rule in Alabama is that a duty to indemnify cannot be determined before liability is established. But are there exceptions to that rule? In James Snell v. United States Insurance Co., 102 F.4th 1208 (11th Cir. 2024), the Eleventh Circuit weighed in and unequivocally answered “yes.” Snell involved coverage under a commercial general…
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CHANGES TO GEORGIA CODE § 43-15-23 STRENGTHENING ENGINEERING FIRM ACCOUNTABILITY

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Georgia made some notable amendments to Georgia Code § 43-15-23 – which governs the licensure and certification of engineering firms – introducing several key changes that strengthened the regulatory framework for engineering firms in the state. Under the previous law, firms were required to obtain a certificate of authorization from the Georgia State Board of…
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EPA DIRECT RULE CHANGES COMPLIANCE DATES FOR REPORTING DATA RELATED TO MANUFACTURE AND IMPORT OF PFAS UNDER SECTION 8(a)(7) OF THE TOXIC SUBSTANCES CONTROL ACT

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On September 5, 2024, the EPA issued a direct final rule related to a rule previously published in the Federal Register in October 2023, which requires the reporting of data related to the manufacture or import of Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”). The new direct final rule will delay the reporting period for records and…
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