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HAWAII SUPREME COURT RULES GREENHOUSE GASES ARE “POLLUTANTS” AND RESULTING PROPERTY DAMAGE FROM CLIMATE-CHANGE-RELATED EVENTS BARRED BY POLLUTION EXCLUSION

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In Aloha Petroleum, Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, 155 Haw. 108, 557 P.3d 837 (2024), Aloha Petroleum, Ltd. sought a defense from its liability insurers for separate lawsuits brought by Hawaiian municipalities. The municipalities alleged that, as of the 1960s, the fossil fuel industry knew “its products would cause catastrophic climate…
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EPA ISSUES BAN OF TRICHLOROETHYLENE AND PERCHLOROETHYLENE

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On December 9, 2024 the Environmental Protection Agency (“EPA”) finalized the bans of two chemicals, trichloroethylene (“TCE”) and perchloroethylene (“PCE”), that have been linked to risks of cancer and other severe health conditions. The ban comes as part of the EPA’s regulatory authority under the 2016 amendments to the Toxic Substances Control Act. TCE and…
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UNDERSTANDING THE DEPARTMENT OF LABOR WORKER CLASSIFICATION UPDATE

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In 2024, the U.S. Department of Labor (DOL) issued a final rule to clarify how workers are classified which was aimed at distinguishing between employees and independent contractors. This clarification is poised to impact industries nationwide, redefining employer obligations and worker rights under the Fair Labor Standards Act (FLSA). Worker classification has long been a…
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MORGAN STANLEY FINED $15 MILLION FOR FAILURE TO PROTECT CLIENT ACCOUNTS

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On December 11, 2024, the U.S. Securities and Exchange Commission (SEC) imposed a $15 million fine on Morgan Stanley for its failure to adequately protect client accounts. The fine stems from the firm’s failure to implement proper safeguards, which led to the exposure of sensitive client information and unauthorized transactions. The SEC’s investigation revealed the…
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FLORIDA APPELLATE COURT DETERMINES HOMEBUILDER IS NOT ENTITLED TO COMPEL ARBITRATION AGAINST SUBSEQUENT BUYERS OF THE HOME DUE TO ALL WARRANTIES BEING TIME-BARRED EXCEPT FOR STRUCTURAL DAMAGE WHICH WAS NOT ALLEGED BY BUYERS

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In Osborne v. Drees Homes of Fla., Inc., a home builder deeded a built home to original buyers by a warranty deed in December 2012. No. 5D2023-2978, 2024 WL 4575415 (Fla. 5th DCA Oct. 25, 2024). In addition to the deed, the Parties entered into a purchase and sale agreement that contained a limited warranty…
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LIABILITY INSURERS BEWARE: AUTO ACCIDENT TIME-LIMITED DEMANDS IN GEORGIA

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Liability insurers are no strangers to time-limited demands sent by plaintiff’s counsel. In Georgia, these demands are called Holt demands after the seminal case S. Gen. Ins. Co. v. Holt, 416 S.E.2d 274 (Ga. 1992). In Holt, the Georgia Supreme Court held that an insurer can be liable to its insured for unreasonably declining a…
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WHAT A SECOND TRUMP ADMINISTRATION COULD MEAN FOR THE EEOC

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The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025.  It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration.  Many of these changes will likely roll back various Biden-era initiatives…
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KENTUCKY COURT OF APPEALS RULES ENGINEERS ARE NOT IMMUNE FOR INTERSTATE DESIGN

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In Kristina L. Ives, Individually, et al. v. HMB Professional Engineers, Inc., et al., 2024 WL 2487850 (Ky. Ct. App. May 24, 2024), the Court of Appeals of Kentucky reversed and remanded the Fayette Circuit Court’s decision to grant summary judgment in favor of engineers (the “Engineers”) on the basis they were immune from liability….
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COURT OF APPEALS OF OHIO FINDS CONSTRUCTION COMPANY’S DUTY TO PERFORM HOME RENOVATION IN WORKMANLIKE MANNER DID NOT EXTEND TO SUBSEQUENT HOMEOWNERS

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In Wood v. MAK Investment Properties, LLC, the Court of Appeals of Ohio affirmed the lower court’s grant of summary judgment for a construction company on claims brought by homeowners, finding privity of contract was necessary to maintain a negligence action against a subcontractor for remodeling work. 2024 WL 4164066. Plaintiffs Jason Wood and Charlene…
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D.C. CIRCUIT COURT OF APPEALS RULES PRESIDENT’S COUNCIL ON ENVIRONMENTAL QUALITY LACKS REGULATORY AUTHORITY OVER OTHER GOVERNMENT AGENCIES

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In Marin Audubon Society v. Federal Aviation Administration, the Washington D.C. Circuit Court of Appeals considered arguments regarding a challenge to an air tour management plan that would affect four national park areas in California. No. 23-1067, 2024 WL 4745044, at *1 (D.C. Cir. Nov. 12, 2024). The plan was developed by the Federal Aviation…
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