Newmeyer Dillion Named 2020 Best Law Firm in Multiple Practice Areas by U.S. News-Best Lawyers
November 24, 2019 —
Newmeyer DillionProminent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2020 "Best Law Firms" rankings, with six of its practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, Litigation - Real Estate and Real Estate Law.
Firms included in the 2020 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise.
“We are grateful that the firm’s clients and our peers again recognize our personalized approach to legal service. We strive to provide creative solutions that propel our clients’ businesses forward,” said Managing Partner Paul Tetzloff.
To be eligible for the “Best Law Firms” ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers.
ABOUT NEWMEYER DILLION
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, privacy & data security, employment, real estate, construction, insurance law and trial work, Newmeyer Dillion delivers legal services tailored to meet each client’s needs. 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 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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New Spending Measure Has Big Potential Infrastructure Boost
February 14, 2018 —
Tom Ichniowski – ENRConstruction and engineering companies find lots of good news in a newly enacted budget and appropriations package that keeps federal agencies open until late March, provides
$89 billion for post-disaster relief and rebuilding and also holds out the prospect of an additional $20 billion in infrastructure funding over the next two years.
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Tom Ichniowski, Engineering News-RecordMr. Ichniowski may be contacted at
ichniowskit@enr.com
St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects
October 15, 2014 —
Beverley BevenFlorez-CDJ STAFFIn a new lawsuit, the Signature Place Condominium Association claims "it is spending ‘large sums' of money to repair problems ranging from cracks in exterior walls to improper fire wall installation to excessive noise from air-conditioning and heating systems,” according to the Tampa Bay Times.
The lawsuit also stated that “some of the alleged defects were hidden by building components and finishes and thus were not discovered by owners "until after the purchase and occupancy of the unit,” reported the Tampa Bay Times.
The association “seeks damages in excess of $15,000, cites more than 100 other alleged construction and design defects.”
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MapLab: Why More Americans Are Moving Toward Wildfire
October 24, 2021 —
Marie Patino & Laura Bliss - BloombergClimate change is making wildfires more frequent, severe and hard to predict — not to mention more costly, as governments, insurers and local residents pay to pick up the pieces after a blaze. Yet Americans are flocking to areas at high risk for burning, and the pandemic accelerated that trend: During the first year of Covid-19, the number of U.S. households moving into areas with a recent history of wildfire increased 21% over the previous year. Areas without that recent history saw net moves fall by 15%.
Those shocking statistics were among the many findings made by my colleague Marie Patino and me in our investigation of recent U.S. migration into the wildland-urban interface, or the edge between highly developed areas and flammable forests and mountains. Between affordability pressures and cultural ideals, our story explores the motivations for why so many people are settling there — in many cases, within the literal footprints of recent wildfires — as well as the staggering cost of this long-term trend. We paired the narrative with rich visuals, including photographs, data visualizations, and maps, with the help of our graphics colleague Jackie Gu.
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Marie Patino, Bloomberg and
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How to Remove a Mechanics Lien from Your Property
March 21, 2022 —
Hannah Kreuser - Porter Law GroupIt sometimes happens that a contractor or material supplier records a mechanics lien on your property that becomes expired. Other times, the mechanics lien may be wrong, invalid and unenforceable for some reason, serving no legitimate purpose. The contractor or material supplier may be reasonable and release the mechanics lien once these issues are brought to its attention, but the contractor or material supplier may very well refuse to release the mechanics lien when requested. When this happens, what are your options?
In California, there are various ways to bring this type of mechanics lien to a court’s attention in the hopes that the court will cause it to be released. Three of the more common methods are: (1) a petition under California Civil Code (“CCC”) § 8480; (2) a petition under California Code of Civil Procedure (“CCP”) § 765.010; or (3) a Lambert motion. This article will briefly discuss each of these methods.
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Hannah Kreuser, Porter Law GroupMs. Kreuser may be contacted at
hkreuser@porterlaw.com
Joint Venture Dispute Over Profits
January 27, 2020 —
David R. Cook - AHC Construction and Procurement BlogA recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits.
One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim.
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David R. Cook, Autry, Hall & Cook, LLPMr. Cook may be contacted at
cook@ahclaw.com
Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases
April 22, 2024 —
Craig Rokuson - Traub LiebermanIn the recent case of
Travelers Indem. Co. of Am. v. Accredited Sur. & Cas. Co., No. 21-CV-7189 (FB) (JRC), 2024 U.S. Dist. LEXIS 44634 (E.D.N.Y. Mar. 13, 2024), the Federal District Court for the Eastern District of New York had occasion to consider an additional insured tender on behalf of a prime contractor, Archstone, to a subcontractor, Topline, who was named as a direct defendant in a New York labor law case. Even though Topline’s carrier put forth evidence that Topline was not negligent, the court held, under New York’s broad duty to defend, that Topline’s carrier owed a duty to defend the prime contractor.
Initially, the court was satisfied that a purchase order, signed only by Topline and not Archstone, was binding on Topline. That purchase order specified that Topline agreed to name Archstone as an additional insured.
With respect to the duty to defend, the court found that it was enough that the underlying plaintiff alleged that all defendants, including Topline, were negligent in permitting a ladder that plaintiff was on to remain in a defective condition and in failing to foresee the existence of a hazard from the condition of the subject ladder.
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Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Issuing Judgment After Confirmation of Appraisal Award Overturned
May 01, 2023 —
Tred R. Eyerly - Insurance Law HawaiiThe Florida Court of Appeal reversed and remanded the trial court's judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct. App. Feb. 3, 2023.
After a dispute arose over the scope and amount of damage suffered by the insureds' roof, they sued State Farm. State Farm responded to the complaint by demanding an appraisal, a stay of litigation, and an extension of time to respond to the complaint.
The trial court granted the demand and retained jurisdiction regarding post-appraisal matters once the appraisal was complete. The court further ordered State Farm to respond to the complaint within twenty days of the conclusion of the appraisal "if any issues remain." The order did not specify whether the issues that remained had to relate to the initial appraisal stage of the litigation or the subsequent stage during which the trial court had jurisdiction to adjudicate disputed issues related to coverage.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com