Fairfield Connecticut Building Expert Directory

JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

June 18, 2014 — Christie Smythe – Bloomberg
JPMorgan Chase & Co. (JPM) engaged in a “pattern of discriminatory” lending that led to foreclosures, the city of Miami said in a lawsuit filed last week in federal court, the latest in a series of similar claims against the nation’s largest banks. Last month, Banco Santander SA’s (SAN) U.S. unit was sued by the city of Providence, Rhode Island, over claims it stopped issuing mortgages in minority neighborhoods after the housing bubble burst. Santander Bank, previously named Sovereign Bank, pulled out of the neighborhoods and focused on white communities after being acquired by the Madrid-based lender in 2009, the city alleged. Miami and Los Angeles are among cities to have filed similar lawsuits against Bank of America Corp., Citigroup Inc. (C) and Wells Fargo & Co. (WFC) for allegedly “red-lining” black and Hispanic areas as no-loan zones, and then “reverse red-lining,” flooding the areas with predatory mortgages even when minorities qualified for better terms. Read the court decision
Read the full story...
Reprinted courtesy of Christie Smythe, Bloomberg
Ms. Smythe may be contacted at csmythe1@bloomberg.net

Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

February 08, 2021 — Andrew I. Hamelsky, Jenifer A. Scarcella & Monica Doss - White and Williams LLP
By Administrative Order effective February 1, 2021, New York’s Uniform Civil Rules for the Supreme Court will incorporate a number of changes to the general part that reflect many of New York’s Commercial Division Rules, in an effort to streamline court processes. The general part rule changes are a step forward for improving the efficiency, modernization and cost-effectiveness of the New York Courts, and will require practitioners to be more conscientious of court appearances and deadlines. Judges will likely be strict on adherence to the new Uniform Rules. Some notable changes to the rules are highlighted below. Court Appearances and Scheduling Orders Uniform Rule 202.1 has been revised to require that counsel who appear before the court must be familiar with the case they are appearing for, and be fully prepared and authorized to discuss and resolve the issues that are the subject of the appearance. Reprinted courtesy of Andrew I. Hamelsky, White and Williams LLP, Jenifer A. Scarcella, White and Williams LLP and Monica Doss, White and Williams LLP Mr. Hamelsky may be contacted at hamelskya@whiteandwilliams.com Ms. Scarcella may be contacted at scarcellaj@whiteandwilliams.com Ms. Doss may be contacted at dossm@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

Want to Build Affordable Housing in the Heart of Paris? Make It Chic.

November 01, 2022 — Marie Patino & Kriston Capps - Bloomberg
The project at 12 Rue Jean-Bart is a modest one, just eight units of affordable housing on a narrow lot in Paris near the Luxembourg Gardens. The social housing project nevertheless caused a stir with neighbors in the 6th arrondissement, one of the city’s more affluent areas. When local politicians backing the project came to visit the building during its construction, neighbors shouted from windows across the street that it was a shame to build social housing here, according to Jean-Christophe Quinton, the Paris-based architect who designed the small in-fill development. Local resistance was a persistent feature of the project throughout its three-year-long construction, Quinton says; the building regularly faced harsh scrutiny in local newspaper Le Parisien. Reprinted courtesy of Marie Patino, Bloomberg and Kriston Capps, Bloomberg Read the court decision
Read the full story...
Reprinted courtesy of

Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

February 01, 2021 — Garret Murai - California Construction Law Blog
Most mechanics lien actions follow a pretty standard process:

A mechanics lien claimant, either a contractor subcontractor, material supplier, or laborer, performs work but is not paid;
Mechanics lien claimant records a mechanics lien on the property in which work was performed; and
Within 90 days thereafter files suit to foreclose on the mechanics lien.

Sometimes, either before or after a mechanics lien claimant files suit, the owner will record a mechanics lien release bond, in which case mechanics lien claimant files suit against the release bond. But what if a mechanics lien claimant records a mechanics lien, the owner records a mechanics lien release bond, and the mechanics lien claimant records three different but identical mechanics liens thereafter? Is this even legal? Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

How Long Does a Civil Lawsuit Take?

August 14, 2018 — Bremer Whyte Brown & O’Meara
How long does a civil lawsuit take? One common question among parties to a civil lawsuit, whether a plaintiff or defendant, is how long will it take to reach a resolution? The answer is tricky. The time it takes to resolve a civil lawsuit is highly dependent on various factors including the complexity of the matter and the parties’ willingness to settle. At the outset, parties to a civil case may resolve the matter at any time by mutual agreement (i.e., settlement). In that case, the parties draft a Stipulation and Order outlining the terms of the agreed settlement and submit the document to the judge for approval. Absent of any glaring inequity in the terms of the Stipulation, the judge will typically approve of the parties’ settlement, and the matter will be deemed resolved (either in whole or in part, depending on the case, the terms of the settlement and indemnity agreement). Read the court decision
Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara

Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

April 25, 2022 — Melissa Kenney - The Subrogation Strategist
In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity requirement for property damage claims against contractors. The court imposed a privity requirement. The court also addressed whether a subrogation waiver in a contract with a tenant applied to damage caused by work done outside the contract, at the landlord’s request. The court held that the waiver did not apply. In this case, United States Automatic Sprinkler (Automatic Sprinkler) contracted with a tenant (Contract Tenant) to inspect and test a sprinkler system at a commercial building in Indiana. The contract included a waiver of subrogation provision. The building landlord subsequently hired Automatic Sprinkler to repair a leak in the sprinkler system. After completing the repairs, the system failed and flooded the building, causing significant property damage to several tenancies. Read the court decision
Read the full story...
Reprinted courtesy of Melissa Kenney, White and Williams LLP
Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado

October 22, 2013 — Brady Iandiorio — Higgins, Hopkins, McLain & Roswell, LLC.
The Colorado Court of Appeals recently handed down an opinion dulling the teeth of the “no voluntary payment” clauses found in many contractors’ insurance policies. In the case of Stresscon Corporation v. Travelers Property Casualty Company of America, 2013 WL 4874352 (Colo. App. 2013), the Court of Appeals found that an insured’s breach of the “no voluntary payment” clause does not always bar the insured from receiving benefits from its insurance company. In July 2007, at a construction project run by Mortenson (the “GC”), a partially erected building collapsed, killing one worker and gravely injuring another. The collapse was caused by a crane hook pulling a concrete component off of its supports. The GC contracted with Stresscon Corporation (“Stresscon”) to build pre-cast concrete components for the project, and in turn Stresscon hired two sub-subcontractors, RMS and Hardrock (the “Crane Team”) to work together to erect those concrete components. Stresscon and the Crane Team had liability insurance, and Stresscon was insured by Travelers Property Casualty Company of America (“Travelers”). The accident led to three separate lawsuits: 1) one brought by the deceased worker; 2) one brought by the injured worker; and 3) one brought by the GC against Stresscon claiming it was entitled to contract damages incurred because the project was delayed. Read the court decision
Read the full story...
Reprinted courtesy of Brady Iandiorio
Brady Iandiorio can be contacted at Iandiorio@hhmrlaw.com

MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues

July 05, 2021 — Gregory S. Capps & Lynndon K. Groff - White and Williams LLP
Claims against manufacturers and distributors of per- and polyfluoroalkyl substances (PFAS)-containing aqueous film-forming foam (AFFF) are hurtling forward. Two important developments in this opening salvo of PFAS-related claims against numerous defendants could have important ramifications not only on future PFAS litigation, but on insurance coverage for potential PFAS liabilities as well. First, ten bellwether cases are progressing closer to trial. Second, the key “government contractor defense” has been slated for briefing. In December 2018, the Judicial Panel on Multi-District Litigation established a multi-district litigation (MDL 2873) for AFFF PFAS claims in the United States District Court for the District of South Carolina. Unlike previous PFAS lawsuits (primarily against DuPont and/or 3M), the lawsuits in MDL 2873 target dozens of defendants who manufactured and distributed AFFF and its constituent chemicals. MDL 2873 now houses approximately 1,200 member cases, which include the following categories of claims: (i) claims for property damage asserted by water providers, (ii) claims for property damage asserted by property owners, (iii) bodily injury claims, and (iv) claims for medical monitoring for potential future injury. Reprinted courtesy of Gregory S. Capps, White and Williams LLP and Lynndon K. Groff, White and Williams LLP Mr. Capps may be contacted at cappsg@whiteandwilliams.com Mr. Groff may be contacted at groffl@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES