Newmeyer Dillion Announces Jason Moberly Caruso As Its Newest Partner
February 01, 2021 —
Newmeyer DillionProminent business and real estate law firm Newmeyer Dillion is pleased to announce that Newport Beach attorney
Jason Moberly Caruso has been elected to partnership.
"Jason has continually shown himself to be a gifted attorney, both in his ability to expand the firm's offerings in land use, environmental law, and the firm's growing appellate practice, as well as in his exceptional approach to client service," said the firm's Managing Partner, Paul Tetzloff. "His positive presence is felt wherever he goes, and we're honored to have him join the firm's partnership."
Caruso focuses his practice on various aspects of "contaminated sites" environmental legal work, complex litigation, and appellate matters. He counsels and represents current and former facility owners and operators in state and federal proceedings, administrative actions, cost recovery cases, and non-litigation site remediation situations. The litigated matters frequently involve the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its parallel California Hazardous Substances Account Act (HSSA). When clients must go to court, Caruso applies his significant experience in complex state and federal litigation over a broad range of substantive areas, including environmental, business, real estate, construction, and products liability. His experience extends from pre-litigation through trial and post-trial proceedings.
Caruso's practice also includes a special emphasis on appellate matters. Caruso has briefed and argued multiple appeals in the state and federal courts, obtaining victories for clients in general appellate and extraordinary writ proceedings. Caruso has prosecuted and defended appeals involving the firm's existing cases and clients, but has also been engaged by outside clients after the conclusion of trial court proceedings.
An active member of the community, Caruso serves as a mock trial attorney coach for University High School through the Constitutional Rights Foundation Orange County (CRF-OC) and as a member of CRF-OC's Board of Directors. He also serves as a member and secretary of the Orange County Bar Association's Professionalism & Ethics Committee, and is a member of the executive committee of the William P. Gray Legion Lex Inn of Court. Caruso is also committed to pro bono work, endeavoring always to be representing at least one pro bono client via Orange County's Public Law Center.
Caruso earned his B.A., cum laude, from the University of Southern California, and his J.D., cum laude, from the University of California, Hastings College of Law.
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 65 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
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Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
December 09, 2019 —
White and Williams LLPFifteen White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey or Pennsylvania "Super Lawyer" while eight received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The lawyers named to this year's Super Lawyer list represent a multitude of practices throughout the firm.
Super Lawyers 2019
John Balaguer, PI Defense: Med Mal
David Chaffin, Business Litigation
Kevin Cottone, PI Defense: Med Mal
Steven Coury, Real Estate: Business
John Eagan, Tax: Business
Randy Friedberg, Intellectual Property
Bridget La Rosa, Estate Planning & Probate
Christopher Leise, Civil Litigation: Defense
Randy Maniloff, Insurance Coverage
David Marion, Business Litigation
John McCarrick, Insurance Coverage
Peter Mooney, Business Litigation
Michael Olsan, Insurance Coverage
John Orlando, General Litigation
Wesley Payne, Insurance Coverage
Daryn Rush, Insurance Coverage
Anthony Salvino, Workers’ Comp
Patricia Santelle, Insurance Coverage
Jay Shapiro, Business Litigation
Heidi Sorvino, Bankruptcy: Business
Craig Stewart, Business Litigation
Andrew Susko, Civil Litigation: Defense
Robert Wright, Insurance Coverage
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White and Williams LLP
New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
February 15, 2021 —
Gregory S. Capps & Marianne E. Bradley - White and Williams LLPIn the long-tail insurance context, it is not unusual to have issues arise addressing “lost” or “missing” policies. In an opinion issued on January 22, 2021, a New York court ruled that an insurer did not owe coverage to its insured for underlying asbestos claims because the insured had failed to establish the material terms of a “lost” policy under which it sought coverage for the underlying claims. The lawsuit, Cosmopolitan Shipping Company, Inc. v. Continental Insurance Company,[1] arose out of a coverage dispute between Plaintiff Cosmopolitan Shipping Co., Inc. (Cosmopolitan) and its insurance carrier, Continental Insurance Company (CIC), in connection with bodily injury claims arising out of asbestos exposure. The case provides a good analysis of what an insured must do to establish coverage under a “lost” or “missing” policy.
During and after World War II, Cosmopolitan chartered and operated a number of shipping vessels on behalf of United Nations Relief and Rehabilitation Administration (UNRRA). In the 1980s, seamen who had worked on board Cosmopolitan’s vessels between 1946 and 1948 filed lawsuits against Cosmopolitan seeking damages for injuries arising out of alleged exposure to asbestos on Cosmopolitan’s vessels. Cosmopolitan sought coverage from CIC for the claims, alleging that CIC had insured Cosmopolitan’s vessels during the relevant time period under a protection and indemnity policy issued to the UNRAA (the P&I Policy).
Reprinted courtesy of
Gregory S. Capps, White and Williams LLP and
Marianne E. Bradley, White and Williams LLP
Mr. Capps may be contacted at cappsg@whiteandwilliams.com
Ms. Bradley may be contacted at bradleym@whiteandwilliams.com
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TV Kitchen Remodelers Sued for Shoddy Work
December 04, 2013 —
CDJ STAFFTheir remodels may dazzle on television, but someone who hired Bunelleschi Construction, the company owned by “Kitchen Cousins” stars John Colaneri and Anthony Carrino, wasn’t quite so dazzled. And now Robert and Peng Avery are suing the two men and their company for a kitchen remodel gone awry. They claim that the company left their Tenafly, New Jersey home uninhabitable.
According to the couple, the Brunelleschi’s work included “numerous gaps in sheetrock” and improper installation of ductwork, plumbing, and doors. They also claim that Brunelleschi Construction falsely claimed the work had passed final building and electrical inspections. When the company stopped work, the couple was unable to obtain a certificate of occupancy.
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Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
December 11, 2023 —
Garret Murai - California Construction Law BlogThe Privette doctrine, so-called because of a case of the same name,
Privette v. Superior Court, 5 Cal.4th 698 (1993), provides a rebuttable presumption that a hirer is not liable for workplace injuries sustained by employees of hired parties. In other words, if a property owner hires a contractor, and one of the contractor’s employees gets injured while working on the property, there is a rebuttable presumption that the property owner is not liable for the employee’s injuries, the rationale being that because the contractor is required to carry workers’ compensation insurance the contractor is in the better position to absorb losses incurred a workplace injury.
There are, however, two widely recognized exceptions to the Privette doctrine. The first, is the Hooker exception, again named after a case of the same name,
Hooker v. Department of Transportation, 27 Cal.th 198 (2002), which provides that a hirer is liable for injuries to a hired parties’ employees, if the hirer retained control over the work being performed, negligently exercised that control, and the negative exercise of that control contributed to the employee’s injury.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
California Appeals Court Says Loss of Use Is “Property Damage” Under Liability Policy, and Damages Can be Measured by Diminished Value
December 11, 2018 —
Michael S. Levine & David M. Costello - Hunton Insurance Recovery BlogIn a win for policyholders, a California appellate court has held that the loss of use of property resulting from alleged negligence constitutes property damage under a liability insurance policy.
In Thee Sombrero, Inc. v. Scottsdale Insurance Company, the property owner, Thee Sombrero, operated a venue as a nightclub. After a shooting inside the nightclub caused a patron’s death, the local government revoked Sombrero’s right to use the property as a nightclub and, instead, limited permissible use of the property to a banquet hall. Sombrero sued the security company it had hired to keep guns out of the club, alleging that it was the security company’s negligence that caused the city to revoke Sombrero’s nightclub use permit and that the loss of use of the facility as a nightclub resulted in damages of almost a million dollars based on an assessment of the property’s diminished market value. The security company did not contest the claim, and Sombrero obtained a default judgment.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth and
David M. Costello, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com
Mr. Costello may be contacted at dcostello@HuntonAK.com
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No Rest for the Weary: Project Completion Is the Beginning of Litigation
June 18, 2019 —
Albert Li & Bob Fitzsimmons - Construction ExecutiveIn today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and be served with a Notice of Opportunity to Repair, which in most states is now codified into statute. This is the beginning of what most likely will become a lawsuit, involving many of the subcontractors.
Watch Out for the Construction Contract Blame Game
The first phase of post construction litigation involves the review of contract and insurance policy language in an attempt to transfer responsibility in the litigation to other parties.
Before construction began, contract negotiation focused on budget and timeline. In the post-construction phase, two less noticed provisions of the contract are critical – indemnity and insurance.
Reprinted courtesy of
Albert Li & Bob Fitzsimmons, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Fitzsimmons may be contacted at rfitzsimmons@rumberger.com
Mr. Li may be contacted at ali@rumberger.com
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Disjointed Proof of Loss Sufficient
June 11, 2014 —
Tred R. Eyerly – Insurance Law HawaiiThe court found that when considered as a whole, separately filed proofs of loss and estimates of damage were sufficient to meet the requirements of a flood policy. Young v. Imperial Fire & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 51863 (April 15, 2014).
On August 29, 2012, plaintiffs' property sustained flood damage due to Hurricane Isaac. After Imperial's adjustor inspected the property, advance payments were made for $5000 under the building coverage and $5000 under the contents coverage.
On October 26, 2012, the plaintiffs' adjustor submitted a proof of loss for building damages, stating the amount of loss was $175,100, which was the policy limit minus the deductible. The insured wife signed the proof of loss. The actual case value, full cost of replacement or repair, and applicable depreciation were listed "undetermined."
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
