Fairfield Connecticut Building Expert Directory

New Highway for Olympics Cuts off Village near Sochi, Russia

February 07, 2014 — Beverley BevenFlorez-CDJ STAFF
A new highway costing $635 million was built in Sochi, Russia to support this month’s Winter Olympic Games—but the “shining” highway has cut off residents of the Village of Akhtyr, according to The Spokesman-Review. The online publication reports that while the Olympics will showcase the “luxury malls, sleek stadiums and high-speed train links, thousands of ordinary people in the Sochi area put up with squalor and environmental waste: villagers living next to an illegal dump filled with Olympic construction waste, families whose homes are sinking into the earth, city dwellers suffering chronic power cuts despite promises to improve electricity.” One of the Sochi residents told KPAX News that what was once a “15-minute walk to get the bus to work has become a two-hour, cross-country trek. Military guards block their way to the rickety footbridge they used to use.” Furthermore, KPAX News claimed, “Heavy construction and traffic have chewed up the road through town and turned it into a dust bowl.” Read the full story at The Spokesman-Review... Read the full story at KPAX News... Read the court decision
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Sean Shecter to Join American University Environmental and Energy Law Alumni Advisory Council

November 01, 2021 — Lewis Brisbois
Fort Lauderdale, Fla. (October 6, 2021) – Fort Lauderdale Partner Sean P. Shecter will join his alma mater American University Washington College of Law’s Environmental and Energy Law Alumni Advisory Council, advising on environmental, social, and governance (ESG) related issues and helping support the program. The Program on Environmental and Energy Law (PEEL) provides an interdisciplinary education on domestic environmental, energy, and natural resources law, international and comparative environmental and energy law, environmental and climate justice, and animal law. Its mission is to foster passion for the environment and cultivate legal excellence, cultural competency, and global awareness. “The professors, staff, and members of the PEEL are global leaders in their field, and so it is an absolute privilege to reconnect with my law school so that I can help support this amazing program,” said Mr. Schecter on the invitation. “I am also looking forward to counseling students on issues concerning the accurate reporting of ESG data and the intersection between ESG and my white collar practice.” Read the court decision
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Reprinted courtesy of Lewis Brisbois

Insurance Policies and Indemnity Provisions Are Not the Same

October 19, 2020 — Garret Murai - California Construction Law Blog
Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its insurance policy are not the same as an idemnitee’s obligations under an indemnity provision. Or, as aptly put by the Court of Appeal, while a “subrogated insurer is said to ‘stand in the shoes’ of its insured, because it has no greater rights than the insured. Here . . . [the insurer] is seeking to stand in a different, more advantageous set of shoes.” Carter v. Pulte Home Corporation Pulte Home Corporation was sued for construction defects by 38 homeowners in two housing developments. Various subcontractors had worked on the projects, but under their subcontracts, each subcontractor agreed to indemnify Pulte from and against “all liability, claims, judgments, suits, or demands for damages to persons or property arising out of, resulting from, or relating to Contractor’s performance of work under the Agreement (‘Claims’) unless such Claims have been specifically determined by the trier of fact to be the sole negligence of Pulte . . . ” Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Preventing Common Electrical Injuries on the Jobsite

February 03, 2020 — Kelsey Rzepecki - Construction Executive
Despite the overall decrease in electrical workplace fatalities, construction workers remain the most at risk of death from electrical accidents. In 2016, 53% of all fatal electrical injuries were in the construction industry, according to the Bureau of Labor Statistics. Employers can improve their bottom line by implementing prevention strategies to reduce chances of electrical injuries and create a safer, more efficient jobsite. What Are the Most Common Electrical Injuries in Construction? The three types of electrical injuries that occur the most often on construction jobsites are:

electrocution (such as electric shock and burns) through unintentional contact with high-voltage lines or equipment;
severe burns or death from explosive gases accidentally ignited by electrical equipment; and
injuries from falls or from contact with moving equipment after worker experiences a low-voltage electrical shock and can no longer keep balance or physical control of the tools or equipment they have when shocked.

Reprinted courtesy of Kelsey Rzepecki, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Rzepecki may be contacted at krzepecki@graphicproducts.com

Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck

February 27, 2023 — Jef Feeley - Bloomberg
Norfolk Southern Corp.’s plan to remove wrecked rail cars from a derailment that resulted in potentially poisonous gas being released over an Ohio town will destroy evidence of the company’s liability, lawyers for residents say. Lawyers in proposed class-action lawsuits over the Feb. 3 accident on Friday asked a federal judge to block the company from clearing the wreckage in East Palestine, Ohio. According to the lawyers, Norfolk Southern informed them last week that it planned to move the 11 rail cars by March 1 and would make them available for inspection for only two days. Adam Gomez, a lawyer for East Palestine residents, said in a court filing that it was “common sense” to keep the wreckage where it is for now. “These communities have questions and we need the evidence to answer them,” he said. Read the court decision
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Reprinted courtesy of Jef Feeley, Bloomberg

HP Unveils Cheaper, 3-D Printing System to Spur Sales

November 05, 2014 — Jack Clark - Bloomberg
Hewlett-Packard Co. (HPQ) unveiled a new 3-D-capable computer and speedier 3-D printer technology as it prepares to spin off its personal-computer and printer businesses into a stand-alone company. The company today introduced Sprout, an $1,899 computer that lets people scan and manipulate 2-D and 3-D objects. It will be available early next month online and in some U.S. stores. Hewlett-Packard also said new 3-D printer technology will make the process cheaper and faster than competitors. The Palo Alto, California-based company is betting that 3-D technology will help revitalize sales and spur growth in the printer industry. More than 2.3 million 3-D printers will ship in 2018, up from about 108000 this year, according to researcher Gartner Inc. Earlier this month, Hewlett-Packard said it would split into two companies by late 2015, with one focused on corporate hardware services and the other -- dubbed HP Inc. -- on PCs and printers. Read the court decision
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Reprinted courtesy of Jack Clark, Bloomberg
Mr. Clark may be contacted at jclark185@bloomberg.net

Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed

November 05, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024). The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners. 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

Flood Policy Does Not Cover Debris Removal from Property

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Third Circuit affirmed the granting summary judgment to the insurer over a dispute as to debris removal under a Standard Flood Insurance Policy (SFIP). Torre v. Liberty Mut. Fire Ins. Co., 2015 U.S. App. LEXIS 4902 (3rd Cir. March 26, 2015). The Torres' property sustained substantial damage from Hurricane Sandy. Claims for flood damage were submitted to Liberty. Liberty paid a total of $235,751.68, which included the cost of removing debris from the house. An additional $15,520 for the cost of removing sand and other debris deposited on their land in front of and behind the Torres' home was denied on the grounds that the SFIP did not cover such removal. The Torres filed suit and cross-motions for summary judgment were filed. The district court denied the Torres' motion and granted Liberty's motion. 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

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