Home Building Likely to Stick to Slow Pace
November 13, 2013 —
CDJ STAFFThe National Association of Realtors is predicting that home builders will continue to be cautious in the number of homes they build, leading to a continued shortage and higher prices for those that are built. “The inventory shortage will not go away,” said Lawrence Yun, the chief economist for the National Association of Realtors.
According to Mr. Yun, the inventory is the lowest it has been in 13 years. As a result of many factors, including rising home prices and rising interest rates, the group is predicting that new home sales will remain flat next year, offering little incentive to builders.
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Congress Passes, President Signs Sweeping Energy Measure In Spend Bill
January 04, 2021 —
Corinne Grinapol, Tom Ichniowski, & Pam Radtke Russell - Engineering News-RecordThe end-of-the-year spending
package passed by Congress on Dec. 21 includes the first major energy legislation to be enacted in more than a decade.
Reprinted courtesy of
Corinne Grinapol, ENR,
Tom Ichniowski, ENR and
Pam Radtke Russell, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com
Ms. Russell may be contacted at Russellp@bnpmedia.com
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Jury Trials and Mediation in Philadelphia County: Virtually in Person
July 27, 2020 —
Andrew F. Susko, Robert G. Devine & Daniel J. Ferhat - White and Williams LLPWhen will the trial court in Philadelphia County be open for jury trials in civil actions? While a precise prediction, given the current state of our trial courts in the middle of the COVID-19 pandemic, is difficult to make, what is known is that the use of virtual technology is likely permanently changing the landscape of civil litigation, including depositions, mediation, and other forms of alternative dispute resolution. Even civil jury trials, at least in the near term and during the pandemic, are being conducted virtually, either by private agreement, or through the courts, as is occurring in Texas and most recently in Florida with its pilot virtual trial program in five of its trial courts. While it is necessary at present for the parties to consent to a virtual trial, courts may ultimately compel the parties’ participation. Regardless, litigants and their counsel are well advised to understand the complexities and manner of a virtual trial.
Seasoned trial attorneys have long experienced and are comfortable with virtual depositions bringing distant counsel, parties and witnesses together through technology to present testimony. The use of virtual technology as a means for court arguments and hearings, mediation, and alternative dispute resolution, while novel and emerging as the new normal, is territory where a comfort level can be achieved. And while distinctions most assuredly exist, recent experience has demonstrated that court arguments, mediations and depositions can be conducted effectively remotely and virtually. Legal issues certainly do remain in the context of the deposition of parties to a civil action regarding whether a lawyer’s physical presence in the same room with a party-witness can be demanded, and whether courts would compel a virtual deposition during the COVID-19 pandemic where such physical presence of a party and their attorney could not be achieved. Undoubtedly these issues will be resolved, likely sooner than later, given the scope of the pandemic in certain areas.
Reprinted courtesy of White and Williams LLP attorneys
Andrew F. Susko,
Robert G. Devine and
Daniel J. Ferhat
Mr. Susko may be contacted at suskoa@whiteandwilliams.com
Mr. Devine may be contacted at deviner@whiteandwilliams.com
Mr. Ferhat may be contacted at ferhatd@whiteandwilliams.com
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When is Forum Selection in a Construction Contract Enforceable?
September 29, 2021 —
Christopher G. Hill - Construction Law MusingsIf there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties can pick the location of any litigation or arbitration by contract. However, the timing of signing that contract makes a difference as a relatively recent Eastern District of Virginia case points out.
Marathon Res. Mgmt Grp v. C. Cornell, Inc. examined what happens when work is performed by one party to the contract prior to the execution of the written contract that contains the forum selection provision. In this case, the defendant C. Cornell, Inc. obtained a default judgment in Texas for non-payment by Marathon for painting and cleaning of rooms at Texas A & M University for work invoiced on August 22, 2017, and September 11, 2017. Upon receipt of the garnishment from the Texas Court, Marathon sued C. Cornell in Virginia state court and the defendant removed the case to federal court. Marathon alleged two separate breaches of contract, the first was that C. Cornell violated the forum selection clause of a Master Services Agreement (“MSA”) executed on September 23, 2017. The second was a violation of another clause of the MSA that barred direct communication with any of Marathon’s customers. The second breach was alleged to be by virtue of the garnishment summons to one of Marathon’s customers.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Landmark Montana Supreme Court Decision Series: The Duty to Defend
February 28, 2022 —
Lorelie S. Masters, Patrick M. McDermott & Rachel E. Hudgins - Hunton Insurance Recovery BlogThis post in our
Landmark Montana Supreme Court Decision Series discusses the Montana Supreme Court’s consideration of an insurer’s duty to defend in
National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021).
For 67 years, W.R. Grace & Company’s mining operations spread asbestos through the town of Libby, Montana,
causing elevated rates of asbestosis and asbestos-related cancer in Libby residents – even among those who never worked in the mine. The Environmental Protection Agency deemed the Libby Mine the
“most significant single source of asbestos exposure” in US history.
In 2000, Libby residents began filing lawsuits against the State of Montana, alleging that the State had failed to warn them about the mine’s danger, and this failure contributed to their bodily injuries. Id. at 521-22. The Libby plaintiffs’ asbestos exposures and related injuries had occurred decades earlier, and so the State searched its storage units for records of any potentially applicable insurance policies.
Reprinted courtesy of
Lorelie S. Masters, Hunton Andrews Kurth,
Patrick M. McDermott, Hunton Andrews Kurth and
Rachel E. Hudgins, Hunton Andrews Kurth
Ms. Masters may be contacted at lmasters@HuntonAK.com
Mr. McDermott may be contacted at pmcdermott@HuntonAK.com
Ms. Hudgins may be contacted at rhudgins@HuntonAK.com
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Trump Administration Announces New Eviction Moratorium
October 12, 2020 —
Zachary Kessler - Gravel2GavelWith the financial impacts of the COVID-19 pandemic continuing to be felt by the American public, the Trump Administration has taken steps to try to allay a coming eviction crisis by enacting a moratorium on evictions through the end of 2020. With the first eviction moratorium instituted by the CARES Act expiring, lawmakers have been pushing to include eviction protections in the next COVID-19 relief package. However, with Congressional leaders still far from an agreement on the next bill, the Centers for Disease Control and Prevention (CDC) has now used its emergency pandemic powers under the Public Health Service Act to temporarily halt residential evictions.
Under the Order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory actions will not be permitted to evict any covered person through December 31, 2020. Under the Order, “covered persons,” are any tenant, lessee, or resident of a residential property who meets the five-part test included in the order and delivers the executed declaration to their landlord. The five requirements in the declaration, which must be certified under the penalty of perjury are:
- The individual has used best efforts to obtain all available government assistance for rent or housing;
- The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
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Zachary Kessler, PillsburyMr. Kessler may be contacted at
zachary.kessler@pillsburylaw.com
CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower
December 31, 2014 —
Beverley BevenFlorez-CDJ STAFFImagine a workplace where bats fly, floors flood, and glass panels randomly pop out of the building to shatter on the sidewalk. Add to that repairs that could total more than twice the purchase price, and you have a story. Especially when it involves a California government facility. Jon Ortiz of the Sacramento Bee shared the story on Insurance News.
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Several Wilke Fleury Attorneys Featured in Sacramento Magazine’s 2023 Top Lawyers!
October 30, 2023 —
Wilke Fleury LLPWilke Fleury is extremely proud of its incredibly talented attorneys! Congratulations to
Steven Williamson,
Islam Ahmad,
Matthew Powell,
Adriana Cervantes,
Daniel Foster,
Neal Lutterman,
Aaron Claxton,
George Guthrie,
Trevor Stapleton,
David Frenznick,
Michael Polis,
Daniel Egan, and
Stephen Marmaduke, who are all featured in Sacramento Magazine’s 2023 List of Top Lawyers!
Reprinted courtesy of
Wilke Fleury LLP
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