Nebraska Court Ruling Backs Latest Keystone XL Pipeline Route
September 30, 2019 —
Tom Ichniowski - Engineering News-RecordAdvocates of the Keystone XL oil pipeline have won a victory in their long effort to construct the project, as the Nebraska Supreme Court upheld a state commission's 2017 finding that supported the project's latest route alignment through the state.
Read the court decisionRead the full story...Reprinted courtesy of
Tom Ichniowski, ENRMr. Ichniowski may be contacted at
ichniowskit@enr.com
SunTrust Will Pay $968 Million to Resolve Mortgage Probes
June 18, 2014 —
Tom Schoenberg – BloombergSunTrust Banks Inc. (STI) agreed to pay $968 million to resolve federal and state claims that a unit misrepresented the quality of mortgages the bank originated and deceived homeowners on loans it serviced.
The agreement covers loans SunTrust Mortgage made from January 2006 through March 2012 that were backed by the Federal Housing Administration even though they didn’t meet agency requirements, the Justice Department said in a statement today. Atlanta-based SunTrust disclosed the agreement in an October regulatory filing and has already accounted for the payment.
“SunTrust’s conduct is a prime example of the widespread underwriting failures that helped bring about the financial crisis,” Attorney General Eric Holder said in a statement. “We will continue to hold accountable financial institutions that, in the pursuit of their own financial interests, misuse public funds and cause harm to hardworking Americans.”
Read the court decisionRead the full story...Reprinted courtesy of
Tom Schoenberg, BloombergMr. Schoenberg may be contacted at
tschoenberg@bloomberg.net
CDJ’s #3 Topic of the Year: Burch v. The Superior Court of Los Angeles County, 223 Cal.App.4th 1411 (2014)
December 31, 2014 —
Beverley BevenFlorez-CDJ STAFFIn 2013, the case Liberty Mutual Insurance Company v. Brookfield Crystal Cove, LLC received a great deal of attention for its possible ramifications to how California’s Right to Repair Act (also known as SB 800) could be applied. However, 2014 had its share of SB 800 policy trends, most notably caused by the ruling in Burch.
In their article, “Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back,” authors Steven M. Cvitanovic and Whitney L. Stefco, of Haight Brown & Bonesteel, analyzed Burch as well as KB Home Greater Los Angeles v. The Superior Court of Los Angeles County, et al., both cases that had ramifications on how California’s Right to Repair Act is applied.
Read the full story...
Karen L. Moore of Low, Ball & Lynch discussed the Liberty Mutual and Burch cases in her article, “California’s Right to Repair Act is Not a Homeowner’s Exclusive Remedy when Construction Defects cause Actual Property Damage.”
Read the full story...
Read the court decisionRead the full story...Reprinted courtesy of
Nader Eghtesad v. State Farm General Insurance Company
September 28, 2020 —
Michael Velladao - Lewis BrisboisIn Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed by Nader Eghtesad. Mr. Eghtesad, representing himself, filed a form complaint checking a box for breach of contract. The complaint alleged two paragraphs contending that State Farm had acted in bad faith and concealed benefits due under a policy issued to a former tenant who rented space in a building owned by Eghtesad. Eghtesad was an additional insured under the tenant’s policy. In that regard, the building was damaged during the time that the building was rented and Eghtesad tendered a claim under the State Farm policy contending that he was an additional insured pursuant to the terms of the lease with the tenant. According to Eghtesad, State Farm advised him that he could only make a claim for slander against the former tenant and that coverage was not afforded for his property damage claim.
After Eghtesad filed his form complaint, State Farm demurred to the complaint and argued that it did not state facts supporting a cause of action for breach of contract. Ultimately, the trial court agreed with State Farm and entered an order sustaining the demurrer without leave to amend, such that a judgment was entered in State Farm’s favor. Due to health reasons, Eghtesad was never able to file an opposition to the demurrer, despite two extensions of time provided by the trial court intended to allow Eghtesad time to retain counsel and to recover from injuries sustained as a result of an automobile accident.
Read the court decisionRead the full story...Reprinted courtesy of
Michael Velladao, Lewis BrisboisMr. Velladao may be contacted at
Michael.Velladao@lewisbrisbois.com
Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500
July 05, 2023 —
Alison Ashford, Michael McKeeman, Bennett Greenberg, Meghan Douris, Jason Smith, Michael Wagner & Ryan Gilchrist - The Construction SeyfarthSeyfarth Shaw’s Construction group have achieved a top tier ranking in the highly regarded
Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Real Estate Construction and Construction Litigation.
The Legal 500 United States guide recognizes Seyfarth’s Construction practice as having a “very deep team with extensive construction knowledge as well as experts in related fields such as government contracting and business organization.” Our team is regarded by clients and peers as “collegial, intelligent, direct and adaptable.” The guide specifically recognizes the firm’s former Construction group chair, Bennett Greenberg, in their Hall of Fame. Alison Ashford, the firm’s current Construction group co-chair, is named a Leading Lawyer and Washington, DC Associate, Michael Wagner, made the Rising Stars list. Other notable mentions include, Michael McKeeman, Construction group co-chair, Jason Smith, Meghan Douris, and Ryan Gilchrist.
Reprinted courtesy of
Alison Ashford, Seyfarth,
Michael McKeeman, Seyfarth,
Bennett Greenberg, Seyfarth,
Meghan Douris, Seyfarth,
Jason Smith, Seyfarth,
Michael Wagner, Seyfarth and
Ryan Gilchrist, Seyfarth
Ms. Ashford may be contacted at aashford@seyfarth.com
Mr. McKeeman may be contacted at mmckeeman@seyfarth.com
Mr. Greenberg may be contacted at bgreenberg@seyfarth.com
Ms. Douris may be contacted at mdouris@seyfarth.com
Mr. Smith may be contacted at jnsmith@seyfarth.com
Mr. Wagner may be contacted at mewagner@seyfarth.com
Mr. Gilchrist may be contacted at rgilchrist@seyfarth.com
Read the court decisionRead the full story...Reprinted courtesy of
Illinois Earns C- on its 2022 Infrastructure Report Card while Making Strides on Roads and Transit
May 02, 2022 —
American Society of Civil EngineersChicago, Ill. – The Illinois Section of the American Society of Civil Engineers (ASCE) today revealed its 2022 Infrastructure Report Card, giving the state an overall grade of C-. Illinois' civil engineers studied eleven infrastructure categories. Of those eleven, six categories are in mediocre condition, and five categories are in poor condition.
The committee representing more than 2,700 civil engineers across Illinois collected and analyzed data and based its grades on eight criteria, including condition, funding, public safety and resilience. As a major hub for our nation's infrastructure, Illinois has taken considerable steps to improving its transportation and infrastructure networks and several major categories showed improvements – notably transit and roads.
To view the report card and all eleven categories evaluated, visit https://infrastructurereportcard.org/state-item/Illinois/.
ABOUT THE ILLINOIS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Civil engineering experts in their respective fields from the Illinois Section of ASCE, with assistance from the Central Illinois Section, Quad Cities Section, and the St. Louis Section, prepared The Report Card for Illinois' Infrastructure. The Report Card is created to educate and advise our elected officials and citizens on the condition of our State's infrastructure using sound engineering evaluation criteria and to provide recommendations on how to raise the grade. Since 1915, the Illinois Section has represented Civil Engineers in America's engineering hub and the organization recently celebrated its Centennial Anniversary. ASCE provides a platform for our members to mentor, learn and teach, which enables us to serve as stewards of infrastructure in our state, nation and throughout the world.
Read the court decisionRead the full story...Reprinted courtesy of
No Entitlement to Reimbursement of Pre-Tender Fees
April 28, 2016 —
Tred R. Eyerly – Insurance Law HawaiiThe Federal District Court for the District of Hawaii determined that the insured was not entitled to pre-tender defense fees. The Hanover Ins. Co. v. Anova Food, LLC, 2016 U.S. Dist. LEXIS 38947 (D. Haw. March 24, 2016).
Anova sold and marketed fish. It was insured under policies issued by Hanover that covered claims of "personal and advertising injury."
A patent infringement and false advertising case was filed against Anova in the District Court for the District of Hawaii.The underlying complaint alleged Anova falsely, misleadingly, and deceptively advertised, promoted, and sold fish. The allegations covered a period of time between 1999 and 2012, a portion of which time Anova was covered by the Hanover policies.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible
May 13, 2019 —
Anthony B. Cavender - Gravel2GavelIn a decision released on March 31, in Sackett v. EPA, the U.S. District Court for Idaho held, without benefit of oral argument, that the Environmental Protection Agency’s (EPA) motion for summary judgment should be granted, and accordingly, the Sacketts had violated the Clean Water Act (CWA) by making improvements to 0.63 acres of land they owned without a required CWA permit when the land qualified as a “wetlands.”
The EPA had determined the Sacketts’ “property is subject to the CWA because it contains wetlands adjacent to Priest Lake, a traditionally ‘navigable water,’ and, additionally, their property is wetland adjacent to a tributary and similarly situated to other wetlands and has a significant nexus to Priest Lake.” The District Court rejected the Sacketts’ arguments that their property was not a “wetlands” subject to the CWA.
Read the court decisionRead the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com