Fairfield Connecticut Building Expert Directory

PFAS and the Challenge of Cleaning Up “Forever”

July 31, 2023 — PFAS Team - Gravel2Gavel Construction & Real Estate Law Blog
From a stream of legal challenges, to ever-expanding regulations on things like cosmetics and drinking water, PFAS are the “forever chemicals” keeping companies and consumers on high alert. While industries scramble to remove the synthetic compounds from products, scientists are researching new techniques for scrubbing PFAS from the environment. There is money to be had for those who can find a more streamlined method of purging the substances—the U.S. Army Corps of Engineers has an $800 million contract on the table for the handling, destruction and replacement of PFAS-laden fire-fighting foam—leaving technology companies racing to create solutions. The three main PFAS cleaning techniques currently relied upon can be very effective but are also costly and may leave questionable byproducts in their wake. The established approaches include:

Granular Activated Carbon. As one of the most studied treatments for PFAS removal, granular activated carbon is often used in water treatment plants. Large beds of carbon essentially soak up the unwanted chemicals. After the Sweeney Water Plant in North Carolina, whose water source is downstream from a fluorochemical-producing Chemours plant, was found to be contaminated with PFAS, the plant invested around $46 million into upgraded activated carbon systems. Once installed, these systems cost roughly $2.9 million to operate yearly, as the carbon needs to be replaced each time it reaches capacity. Though pricey, the plant says that the process now clears close to 100% of PFAS.

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Reprinted courtesy of PFAS Team, Pillsbury

$1.9 Trillion Stimulus: Five Things Employers Need to Know

March 15, 2021 — Matthew C. Lewis & Rana Ayazi - Payne & Fears
On March 11, 2021, President Biden signed H.R.1319 - American Rescue Plan Act of 2021 (“Rescue Plan”) into law—a $1.9 trillion stimulus bill. Here are five things every employer should know about the bill. 1. FFCRA Tax Credits Have Been Extended The Rescue Plan extends the Families First Coronavirus Response Act (FFCRA) tax credit provisions—again—through September 30, 2021. (The ability to recoup the cost of FFCRA leave was previously extended in December 2020 through March 31, 2021: See related article here. Employers that opt to voluntarily provide FFCRA leave will be credited 100 percent for all qualifying wages paid under the FFCRA. Any employer already providing FFCRA-like leave to employees under state, county, and/or local paid sick leave ordinances, especially if their business is located in California (e.g., Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards) should consider opting to voluntarily provide FFCRA-compliant leave, as by doing so they may be able at least partially to recoup the cost of leave they are otherwise already required to provide. Reprinted courtesy of Matthew C. Lewis, Payne & Fears and Rana Ayazi, Payne & Fears Mr. Lewis may be contacted at mcl@paynefears.com Ms. Ayazi may be contacted at ra@paynefears.com Read the court decision
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The Legal 500 U.S. 2024 Guide Names Peckar & Abramson a Top Tier Firm in Construction Law and Recognizes Nine Attorneys

July 15, 2024 — Peckar & Abramson, P.C.
Peckar & Abramson, P.C. (P&A) is pleased to announce The Legal 500 United States has once again ranked P&A as a Tier One firm in construction law. The publication also recognized nine P&A construction lawyers in its directory for their contributions in the United States:

Levi W. Barrett – Recommended Lawyers
Michael A. Branca – Leading Lawyers
Steven M. Charney – Recommended Lawyers
Gregory H. Chertoff – Recommended Lawyers
Adam P. Handfinger – Next Generation Partners
Timothy D. Matheny – Key Lawyers
Paul Monte – Leading Lawyers
Gerard J. Onorata – Key Lawyers
Robert S. Peckar – Hall of Fame

P&A is proud to be recognized each year by several legal ratings services, including our Tier 1 ratings by Chambers both nationally and in a number of jurisdictions around the country. Steven M. Charney commented, “Receiving this prestigious recognition by Legal 500 signifies the exceptional caliber of our team, their unwavering commitment to delivering unparalleled legal solutions, and their ability to navigate complex challenges. We are dedicated to providing our clients with the highest level of service and are proud to be recognized as leaders in the field of construction law.” Read the court decision
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Reprinted courtesy of Peckar & Abramson, P.C.

No Coverage for Hurricane Sandy Damage

August 02, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate recommended that summary judgment be entered in favor of the insurer, thereby eliminating coverage for property damage incurred during Hurricane Sandy. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2017 U.S. Dist. LEXIS 103015 (E.D. N.Y. June 30, 2017). Madelaine Chocolate owned a facility three blocks form the Atlantic Ocean and one block from the Jamaica Bay section of Long Island Sound. Hurricane Sandy arrived October 29, 2012. Madeline Chocolate's facility sustained significant damage to its inventory, production machinery and premises, as storm surge from both bodies of water hit the property. Operations ceased during the 2012 holiday season and beyond, resulting in millions of dollars in lost income. Read the court decision
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Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Charges in Kansas Water Park Death

March 28, 2018 — David Suggs - CDJ STAFF
Caleb Schwab, a 10-year old boy was killed by decapitation on a water slide at a Kansas City water park, Schlitterbahn in 2016. Thirteen other people had suffered injuries on the ride prior to Caleb’s death ranging in severity from broken toes to concussions. Schlitterbahn employees have since claimed that park officials covered up past occurrences of water slide injuries. Three people have been indicted in this case according to a CNN report by Marlena Baldacci, Sheena Jones and Hollie Silverman. Jeffrey Henry, the co-owner of the Schlitterbahn water park, Tyler Austin Miles, the park’s former director of operations and John Schooley. Charges include second-degree murder, involuntary manslaughter, aggravated battery and aggravated child endangerment. Caleb suffered a fatal injury when the raft that he and the two women who were riding with him became airborne and contacted the netting attached overhead. Investigators have found maintenance issues and ride design flaws that violate safety standards leading to lack of prevention of rafts becoming airborne during the ride. Caleb’s family will receive nearly $20 million in the settlement. Caleb’s father Scott, released a statement about placing full trust in the Attorney General Derek Schmidt who is presiding over the investigation and indictments. Read the court decision
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New-Home Sales in U.S. Unexpectedly Fall to Four-Month Low

January 07, 2015 — Victoria Stilwell – Bloomberg
Purchases of new U.S. homes unexpectedly declined in November to a four-month low, underscoring a lack of momentum this year in residential real estate. Sales dropped 1.6 percent to a 438,000 annualized pace last month following a 445,000 rate in October that was weaker than previously estimated, Commerce Department figures showed today in Washington. The median estimate of 73 economists surveyed by Bloomberg called for a 460,000 pace in November. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg
Ms. Stilwell may be contacted at vstilwell1@bloomberg.net

Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

January 16, 2024 — Lewis Brisbois Newsroom
Cleveland, Ohio (January 2, 2024) - In a landmark 4-3 ruling, the Supreme Court of Ohio ruled on December 28 that wrongful death claims are subject to the four-year statute of repose contained in O.R.C. 2305.113(C) (“Medical Claim Statute of Repose”). Everhart v. Coshocton County Memorial Hospital, Slip No. 2023-Ohio-4670. Statutes of repose create an absolute bar to filing a lawsuit. When applicable, they bar plaintiffs from filing claims outside a specified time frame. The Medical Claim Statute of Repose creates a four-year window for commencing medical claims, which begins to run from “the occurrence of the act or omission constituting the alleged basis of the medical…claim.” O.R.C. 2305.113(C)(1). Medical claims commenced after the four-year period are barred. The primary question before the Court was whether a wrongful death claim, which is separate and distinct from a medical negligence claim, can qualify as a “medical claim” within the context of the Medical Claim Statute of Repose. The Court answered in the affirmative. A wrongful death claim can qualify as a medical claim if the wrongful death claim “…arises out the medical diagnosis, care, or treatment, of any person.” O.R.C. 2305.113(E)(3). According to the majority, a wrongful death claim can fall within the broad definition of “medical claim” and, if it does, is subject to the Medical Claim Statute of Repose. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Washington Supreme Court Sides with Lien Claimants in Williams v. Athletic Field

September 30, 2011 — Douglas Reiser, Builders Council Blog

The Washington Supreme Court issued their opinion today on Williams v. Athletic Field, perhaps the most talked about construction law case in the past few years. I have discussed this case exhaustively here on Builders Counsel. Today we have a resolution.

In an unanimous opinion issued today, the high court sided with lien filers who followed a sample form provided in RCW 60.04.091. Additionally, the court found that a lien company - and presumably other persons - could sign the lien for the lien claimant, as an agent, without invalidating the lien.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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