Cambridge Massachusetts Building Expert Directory

Craig Holden Named Top 100 Lawyer by Los Angeles Business Journal

June 27, 2022 — Craig Holden - Lewis Brisbois
Los Angeles, Calif. (May 17, 2022) - Los Angeles Partner Craig Holden has been named to the Los Angeles Business Journal’s (LABJ) “Top 100 Lawyers” list, which recognizes the most impactful attorneys in the Los Angeles region for their ongoing efforts as outstanding legal professionals. The attorneys on the list were honored on May 12 at LABJ’s inaugural Top 100 Lawyers Awards at the ASU California Center. In the publication’s special section, LABJ Publisher Josh Schimmels noted that the attorneys on the Top 100 Lawyers list “have demonstrated exceptional legal skill and achievements across the full spectrum of responsibility, exemplary leadership and contributions to the Los Angeles community at large.” He also observed, “Considering the fact that the Los Angeles region has long been known for its status as a hub for legal [through] leaders and record-setting attorneys, being a standout in that field is particularly impressive.” Likewise, in discussing his inclusion on the list, Mr. Holden remarked, “I am honored to be included on this list with so many exceptional attorneys from the LA legal community.” Read the court decision
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Reprinted courtesy of Craig Holden, Lewis Brisbois
Mr. Holden may be contacted at Craig.Holden@lewisbrisbois.com

California Makes Big Changes to the Discovery Act

March 04, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Beginning January of 2024, California amended the Civil Discovery Act to mirror the Federal Rules and require that any party appearing in a civil action to provide initial disclosures to any other party demanding the same. In January of 2024, California amended the Civil Discovery Act, specifically C.C.P. section 2016.090, to affirmatively require that any party appearing in a civil action to provide initial disclosures to any other party demanding the same. In an effort to reflect the Federal Rule 26 disclosure requirements, as many other States have adopted, California will now also mandate (upon demand) that a party produce evidence without an arduous and possibly duplicative effort. In other words, this initial disclosure will require a party making initial disclosures of persons or records to additionally disclose persons or records that are relevant to the subject matter of the action and to disclose information and records regarding insurance policies or contracts that would make a person or insurance company liable to satisfy a judgment. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

August 29, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Ninth Circuit upheld the District Court's decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys' fees incurred [prior post here].Assoc'n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th Cir. July 20, 2018). The District Court for the District of Hawaii granted summary judgment to the AOAO, requiring Dongbu to indemnify the AOAO for an award of attorney's fees that an arbitrator ordered the AOAO to pay to the underlying claimants. The claimants prevailed on a claim that their condominium unit incurred water damage due to a common roof leak. Dongbu's policy required it to reimburse those sums that the AOAO was legally obligated to pay as damages because of property damage. The AOAO became legally obligated to pay the claimants' fees once the state court confirmed the arbitration award. Further, the water damage to the home constituted covered property damage under the policy. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Congratulations to Partner Nicole Whyte on Receiving the Marcus M. Kaufman Jurisprudence Award

September 30, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
On Thursday, September 19th, BWB&O Partner Nicole Whyte and her fellow recipients Michael Ermer and Hon. Kirk Nakamura (Ret.) were honored at this year’s Jurisprudence Awards Dinner, a fundraiser benefitting the Anti-Defamation League! Thank you to BWB&O Co-Founder and Nicole’s longtime business partner and friend Keith Bremer for his thoughtful introduction and for presenting her with the award, and to BWB&O’s team who joined the event to support Nicole Whyte. Since 1993, the Anti-Defamation League has presented the Marcus M. Kaufman Jurisprudence Award to attorneys who make exceptional contributions to the legal profession and community. ADL’s mission is to stop defamation and secure justice and fair treatment for all people. To learn more about ADL, please visit adl.org Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

May 24, 2018 — Amy R. Patton, Jason I. Bluver, & Jeffrey K. Brown - Payne & Fears LLP
On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the Federal Arbitration Act ("FAA"). In doing so, the Court rejected the argument that such "class action waivers" violate Section 7 of the National Labor Relations Act ("NLRA"), which generally protects employees' rights to act "in concert" with one another. The Court addressed a split created by decisions from three Federal Circuit Courts of Appeal: Epic Systems Corp v. Lewis (7th Circuit), Ernst & Young v. Morris (9th Circuit) and National Labor Relations Board v. Murphy Oil USA (5th Circuit). All three cases involved employees who sought to bring collective or class actions under the Fair Labor Standards Act (the "FLSA"), and their respective employers who sought to enforce pre-dispute arbitration agreements which waived such collective actions and mandated "one-on-one" arbitration of wage disputes. In support of their position, the employees argued that the class and collective action waivers were illegal because they violated the NLRA's prohibition on barring employees from engaging in "concerted activities." Reprinted courtesy of Payne & Fears LLP attorneys Amy R. Patton, Jason I. Bluver and Jeffrey K. Brown Ms. Patton may be contacted at arp@paynefears.com Mr. Bluver may be contacted at jib@paynefears.com Mr. Brown may be contacted at jkb@paynefears.com Read the court decision
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Storm Debby Is Deadly — Because It’s Slow

September 16, 2024 — Brian K Sullivan - Bloomberg
Tropical Storm Debby has killed at least five people as it churns across the US East, where it’s expected to inflict $1 billion or more in damage and losses. One reason for the storm’s destructive power: It’s moving very slowly. Although Debby came ashore with hurricane-strength winds, its rainfall — forecast to exceed two feet in some areas — is even more dangerous. The St. Marys River in northern Florida rose more than 10 feet in one day, while New York will likely see downpours from Debby later in the week. Homes, businesses and farms may be deluged, putting crops and infrastructure at risk. Read the court decision
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Reprinted courtesy of Brian K Sullivan, Bloomberg

Connecticut Appellate Court Breaks New Ground on Policy Exhaustion

April 26, 2021 — Eric B. Hermanson & Austin D. Moody - White and Williams
The Connecticut Appellate Court recently issued a wide-ranging opinion, Continental Casualty Co. v. Rohr, Inc.,[1] which significantly extended the current restrictive view on when a general liability policy can be considered exhausted so as to trigger overlying excess coverage. The case marks a further step away from Judge Augustus Hand’s almost-century-old ruling in Zeig v. Massachusetts Bonding & Ins. Co.,[2] which held that an underlying policy could be “exhausted” by a below-limits settlement as long as the insured was willing to “fill the gap” between the settlement amount and the limits of the policy.[3] In recent years, courts in California and elsewhere have increasingly walked back Zeig’s broad ruling – holding in Qualcomm v. Certain Underwriters,[4] for example, that an insured’s below-limits settlement with primary carriers does not exhaust the limits of primary coverage, or allow the insured to access overlying excess coverage.[5] Reprinted courtesy of Eric B. Hermanson, White and Williams and Austin D. Moody, White and Williams Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com Mr. Moody may be contacted at moodya@whiteandwilliams.com Read the court decision
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Obama Says Keystone Decision May Be Announced in Weeks or Months

March 05, 2015 — Justin Sink – Bloomberg
(Bloomberg) -- President Barack Obama said a decision on whether to approve the Keystone XL pipeline is possible in weeks or months. The president told Reuters in an interview Monday that the decision definitely “will happen before the end of my administration.” Asked to be specific, he said, “Weeks or months.” Read the court decision
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Reprinted courtesy of Justin Sink, Bloomberg
Mr. Sink may be contacted at jsink1@bloomberg.net

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