Cambridge Massachusetts Building Expert Directory

Judge Dismisses Suit to Block Construction of Obama Center

April 04, 2022 — The Associated Press - Bloomberg
Chicago (AP) -- A federal judge has dismissed a lawsuit that sought to prevent the construction of the Obama Presidential Center in a park on Chicago's South Side. In a ruling issued Tuesday, U.S. District Judge Robert Blakey rejected the contention by the group Protect Our Parks that the city's park district improperly gave control of the land in Jackson Park to former President Barack Obama's foundation in violation of the public trust. The city, Blakey wrote, “did not abdicate control or ownership of the OPC site to the Obama Foundation.” Citing the state law that governs museums, the judge wrote that the Obama Center will ”confer a public benefit because they ’serve valuable public purposes, including ... furthering human knowledge and understanding, educating and inspiring the public, and expanding recreational and cultural resources and opportunities.” Read the court decision
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Reprinted courtesy of Bloomberg

How I Prevailed on a Remote Jury Trial

March 04, 2024 — Samuel Yu - Kahana Feld
Are you crazy? That is what I asked my client when he asked me to conduct a jury trial remotely. At the time, I did not even know if it was feasible. While I figured that most courtrooms had remote capabilities, I was not sure whether anyone was crazy enough to do a jury trial remotely and whether a courtroom would accommodate it. Would I be able to truly connect with the jurors? Would the jurors hold it against me that I am appearing remotely while they have to be there in person? I told my client that this was a terrible idea but that I would at least see if it was an option. At the Final Status Conference, the Court confirmed that it could accommodate a remote appearance for both the party and the party’s counsel and gave its permission to do so. It was also clear that I would be the only attorney exercising this option, and the judge remarked that this would be a first for him. Appearing remotely while other attorneys appear in person is not something I would normally consider. However, this case presented a unique set of circumstances. Read the court decision
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Reprinted courtesy of Samuel Yu, Kahana Feld
Ms. Yu may be contacted at syu@kahanafeld.com

Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

August 30, 2017 — Lawrence S. Zucker II & Michael C. Parme – Haight Brown & Bonesteel LLP
In Retzloff v. Moulton Parkway Residents’ Ass’n, (2017) Cal. App. LEXIS 727, the Fourth District Court of Appeal considered the novel question of whether attorneys’ fees can be included as part of the cost award to a ‘prevailing association’ under Cal. Civ. Code §5235(c). Plaintiffs were former board members of Moulton Parkway Residents’ Association, No. One (“the Association”) who sued the Association for alleged violations of the Davis-Stirling Common Interest Development Act (Civ. Code §4000 et. seq.) which regulates the governance of common interest developments such as condominium communities and homeowners associations. Plaintiffs’ suit alleged that the Association regularly conducted business outside of scheduled board meetings and failed to make certain records available for inspection. Reprinted courtesy of Lawrence S. Zucker II, Haight Brown & Bonesteel LLP and Michael C. Parme, Haight Brown & Bonesteel LLP Mr. Zucker may be contacted at lzucker@hbblaw.com Mr. Parme may be contacted at mparme@hbblaw.com Read the court decision
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Insured Fails to Provide Adequate Proof of Water Damage Through Roof

December 10, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024). Unity Church alleged that it suffered a sudden and accidental direct physical loss to its church. Wind damage to the roof of the church allowed rainwater to leak into the sanctuary of the church. Notice was given to Church Mutual Insurance Company, but coverage was denied. Unity Church filed suit alleging breach of contract. Church Mutual answered and asserted a counterclaim for a declaratory judgment that the water damage to the church was outside the policy's coverage because the damage was caused by rain. Church Mutual filed for summary judgment. 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

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

New York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption Claims

March 16, 2020 — Syed S. Ahmad & Geoffrey B. Fehling - Hunton Andrews Kurth
A New York appellate court recently held that renewable bio-diesel fuel manufacturer BioEnergy Development Group LLC may pursue tens of millions of dollars in damages from its insurers under two all-risk insurance policies, including amounts in excess of the policy limits, where the insurers refused to pay claims in a timely manner. BioEnergy purchased two all-risk property policies from Lloyd’s to provide coverage for its manufacturing plant in Memphis, Tennessee. A fire destroyed the Memphis plant in March 2016, eliminating BioEnergy’s production capacity and sole source of revenue. BioEnergy made claims under the policies and sought to rebuild its plant. The insurers acknowledged coverage and eventually made approximately $8 million in interim payments, but the parties disagreed over the value of the total property damage claim, which BioEnergy contended was in excess of $24 million. The disputed claim was submitted to appraisal, which resulted in the insurers agreeing to pay the full business interruption limit of $15.1 million. The insurers filed a declaratory judgment lawsuit, however, seeking to limit BioEnergy’s recovery to the policy limits of $15.1 million. BioEnergy alleged that the insurers failed to make interim payments in a timely manner after the fire and, as a result, the company suffered increased losses because it could not rebuild without the insurance proceeds. BioEnergy sought actual and consequential damages, plus attorneys’ fees, arising from the delayed payments, including payment of its business interruption losses in excess of the policy limits. Reprinted courtesy of Syed S. Ahmad, Hunton Andrews Kurth and Geoffrey B. Fehling, Hunton Andrews Kurth Mr. Ahmad may be contacted at sahmad@HuntonAK.com Mr. Fehling may be contacted at gfehling@HuntonAK.com Read the court decision
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Jason Poore Receives 2018 Joseph H. Foster Young Lawyer Award

July 21, 2018 — Jason Poore - White and Williams LLP
Jason Poore, an associate in the General Litigation Group, recently received the 2018 Joseph H. Foster Young Lawyer Award during the Philadelphia Association of Defense Counsel’s annual meeting. The Joseph H. Foster Young Lawyer Award honors “a young lawyer who best exemplifies the qualities of professionalism and dedication as defense counsel in the practice of law and in the promotion of the highest ideals of justice in the community." Jason continues to make significant contributions to the local bar and community. In addition to serving on the Executive Committee of the Philadelphia Bar Association Young Lawyers Division, he is the creator and Chair of the PBA's Youth Courts Committee. Read the court decision
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Reprinted courtesy of Jason Poore, White and Williams LLP
Mr. Poore may be contacted at poorej@whiteandwilliams.com

These Are the 13 Cities Where Millennials Can't Afford a Home

June 10, 2015 — Victoria Stilwell and Wei Lu – Bloomberg
There's no place like home — except when you can't afford one. Millennials have been priced out of some of the biggest U.S. cities, with residential real estate prices rising even as wage growth remains elusive. Bloomberg used data from the U.S. Census Bureau, Zillow Group Inc. and Bankrate.com to quantify how much more money millennials would need to earn each year to afford a home in the largest U.S. cities. The good news is that out of 50 metropolitan areas, 37 are actually affordable for the typical 18-34 year-old (scroll down to the end of the story to see the full results). The bad news is that the areas that often most appeal to young adults are also the ones where homeownership is the most out of reach. Reprinted courtesy of Victoria Stilwell, Bloomberg and Wei Lu, Bloomberg Read the court decision
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