Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes
September 17, 2014 —
Beverley BevenFlorez-CDJ STAFFThe New Jersey Law Journal reported that Peter Cammarano III, a former Hoboken, New Jersey, mayor, was disbarred after admitting “four years ago that he took $25,000 in bribes from a federal informant in exchange for promising his help in getting approval for a high-rise.” Cammarano “was one of 44 public officials and rabbis arrested in July 2009 as part of a massive federal investigation, known as Operation Bid Rig, into public corruption and money laundering operations.”
The Disciplinary review board had recommended a three year suspension, however, the New Jersey Supreme Court rejected that recommendation.
“An elected official who sells his office—who offers favored treatment in exchange for money—betrays a solemn public trust,” Justice Barry Albin wrote for the court, as quoted by the New Jersey Law Journal. “This form of corruption is corrosive to our democracy and undermines public confidence in honest government, and its rippling pernicious effects are incalculable.”
“I believe the Disciplinary Review Board’s decision was right,” Joseph Jr. Hayden, Cammarano’s attorney, told the New Jersey Law Journal. “There were sufficient mitigating factors to justify only a suspension.”
Read the court decisionRead the full story...Reprinted courtesy of
San Francisco Half-Built Apartment Complex Destroyed by Fire
March 12, 2014 —
Beverley BevenFlorez-CDJ STAFFAccording to San Jose Mercury News, a 250 million dollar apartment complex being built in San Francisco, California received “catastrophic damage” from a fire on March 11th. The complex was being developed by BRE Properties, Inc., and “was slated to open sometime later this year.”
Initial reports blamed high winds for the start of the blaze, however, San Jose Mercury news reported that “downtown San Francisco experienced wind speeds of no more than 10 mph Tuesday, and that heavy winds were not expected Tuesday night” according to the National Weather Service.
“Representatives for [BRE Properties, Inc.] were not available for comment,” as reported by San Jose Mercury News.
Read the court decisionRead the full story...Reprinted courtesy of
Ohio Court of Appeals Affirms Judgment in Landis v. Fannin Builders
April 20, 2011 —
Beverley BevenFlorez CDJ STAFFThe Ohio Court of Appeals affirmed the judgment in Landis v. William Fannin Builders. Landis contracted Fannin Builders to build their home. The case involved staining problems on the T1-11 siding chosen by the plaintiffs.
After a year and a half of discussion on how to resolve the problem of uneven staining on the siding, Landis filed suit “against Fannin Builders, alleging claims for breach of contract, breach of the express limited warranty, and violation of the Ohio Consumer Sales Practices Act (“OCSPA”). Fannin Builders, in turn, filed a third-party complaint against 84 Lumber, alleging claims for breach of contract and indemnification. With the trial court’s leave, Fannin Builders also later amended its answer to add a counterclaim against appellees for breach of contract and unjust enrichment. In the counterclaim, Fannin Builders alleged that appellees still owed it $3,908.98 for the construction of appellees’ home.”
“In its decision, the trial court found in appellees’ favor on their breach of contract claim and against appellees on their claims for breach of the express limited warranty and violation of the OCSPA. Additionally, the trial court found in Fannin Builders’ favor on its counterclaim for breach of contract and against Fannin Builders on its third-party claims for breach of contract and indemnity. The trial court determined that appellees’ damages amounted to $66,906.24, and after setting off the $3,908.98 that appellees owed Fannin Builders under the construction contract, the trial court awarded appellees $62,997.26. The trial court reduced its decision to judgment on May 18, 2010.”
Fannin Builders appealed this judgment and assigned the following errors:
[1.] The Trial Court Erred as a Matter of Law by Concluding that Appellant Breached its Contract with Appellees when it provided a Semi-Transparent Oil-Based Stain that Simply did not Meet their Approval.
[a.] The Contract does not Contain a Satisfaction Clause.
[b.] Even if the Court Implies a Satisfaction Clause, the Court Should Apply an Objective Standard.
[2.] The Trial Court Erred as a Matter of Law by Failing to Consider Appellant’s Right to Cure.
[3.] The Trial Court committed Reversible Error by not Assessing Damages Using “Diminished Value Standard,” and by Creating a Remedy that Constitutes Economic Waste.
[4.] The Trial Court Erred as a Matter of Law by Concluding that Appellant is Barred from Seeking Indemnification When 84 [Lumber] Never Fulfilled its Obligations Pursuant to the Settlement Agreement Entered on August 2, 2005.
In response to the first assigned error, the Court of Appeals stated: “Because the failure to provide siding of a uniform color, not appellees’ displeasure, breached the contract, we reject Fannin Builders’ contention that the trial court implied a satisfaction clause into the contract and found a breach of that clause. Accordingly, we overrule Fannin Builders’ first assignment of error.”
The Court of Appeals overruled the second assignment of error and provided the following reasoning: “Although Fannin Builders depends upon a term of the limited warranty for its right to cure, the trial court concluded that no breach of the limited warranty occurred. Fannin Builders breached the duty of workmanlike conduct implicit in the construction contract, not the limited warranty requiring it to satisfy the BIA’s Quality Standards. Consequently, the limited warranty does not apply to this case, and thus, it does not prevent appellees’ recovery of damages.”
The Appeals Court found “the trial court’s award of damages” was “both reasonable and supported by competent, credible evidence,” and therefore concluded “that the trial court did not err in setting appellees’ damages at $62,997.26.” The Fannin Builders third assignment of error was overruled.
The fourth and final assignment of error was also overruled by the Court of Appeals. “While Fannin Builders correctly asserts that 84 Lumber never installed the replacement siding, it ignores the fact that it ordered 84 Lumber to remove the replacement siding from appellees’ property. Thus, Fannin Builders precluded 84 Lumber from completely performing under the August 2, 2005 letter agreement. […] Consequently, Fannin Builders cannot now claim that the letter agreement is unenforceable or that it is entitled to indemnification from 84 Lumber. Because Fannin Builders assumed all liability for the defective siding in the letter agreement, it is responsible for appellees’ damages.”
James A. Zitesman, Columbus, Ohio Business Attorney, compared the case to Jones v. Centex (Ohio App. 2010), which had a different verdict:
“The common thread is the implied warranty of good workmanship. In the Jones case, the Court found that the buyers had in fact waived all implied warranties, including the implied warranty of good workmanship. In the contract between Jones and Centex, the builder stated that it “…would not sell the property to Purchasers without this waiver.” Probably should have been a sign to the buyers.
In the Landis case, the Court stated, “Contracts for the future construction of a residence include a duty, implied by law, that the builder must perform its work in a workmanlike manner.” The Court gave significant weight to the concept of the implied warranty of good workmanship. The builder relied upon the BIA Warranty which limits builders’ liability and exposure to legal issues. The trial court concluded there was no breach of the limited warranty, rather the builder “breached the duty of workmanlike conduct implicit in the construction contract, not the limited warranty requiring it to satisfy the BIAs Quality Standards.”
The Supreme Court of Ohio has accepted the Jones v. Centex Homes case for review.
Read the full story...
Read the court decisionRead the full story...Reprinted courtesy of
Potential Coverage Issues Implicated by the Champlain Towers Collapse
March 21, 2022 —
Theresa A. Guertin & Holly A. Rice - Saxe Doernberger & Vita, P.C.In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the “Collapse”). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of their bodily injury and property damage claims.
Contractors, engineers, and other professionals are or anticipate being sued for their roles in the Collapse. Those professionals have professional liability policies and/or director and officer liability policies. Likewise, the condominium association’s commercial general liability (CGL) policies and its business property policy may have a duty to defend and/or indemnify their insureds as well. Finally, individual unit owners/renters may look to their homeowners’ insurance, auto insurance, health insurance, and/or life insurance policies for coverage.1
The potential breadth of insurance coverage issues raised by the Collapse is beyond the scope of this article. The article will consider some concerns that could impact insurance coverage under a standard CGL policy in the case of a building collapse.
Reprinted courtesy of
Theresa A. Guertin, Saxe Doernberger & Vita, P.C. and
Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Guertin may be contacted at TGuertin@sdvlaw.com
Ms. Rice may be contacted at HRice@sdvlaw.com
Read the court decisionRead the full story...Reprinted courtesy of
Jury's Verdict for Loss Caused by Collapse Overturned
September 18, 2023 —
Tred R. Eyerly - Insurance Law HawaiiThe Florida Court of Appeal overturned the jury's verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).
The insured homeowners had two claims. One was a 2016 ceiling collapse; the second was loss caused by Hurricane Irma in 2019. The homeowners' policy covered collapse defined as "an abrupt falling down or caving in of a building or any part of a building with the result that the building . . . cannot be occupied for its intended purpose." Collapse had to be caused by, among other things, decay or insect damage that was hidden from view.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Australians Back U.S. Renewables While Opportunities at Home Ebb
March 16, 2020 —
Natalia Kniazhevich & Matthew Burgess - BloombergSome of Australia’s biggest funds are pouring money into U.S. clean-energy projects as they butt up against a shortage of green opportunities at home.
AustralianSuper, the country’s largest pension fund, recently joined Queensland Investment Corporation in a $1 billion funding round for Generate, a San Francisco-based green-finance company. And Construction and Building Unions Superannuation, another pension giant, made its first U.S. clean-power investments last year.
The investments come as the wildfires that charred an area about the size of New York State have put increasing pressure on funds to do more to fight global warming. The problem, investors say, is the Australian government isn’t promoting clean-energy development, leaving the nation without enough sizable projects to back.
“At this point the platforms of scale don’t exist in Australia,” said Nik Kemp, head of infrastructure at AustralianSuper. “The size of the U.S. market makes for a much larger market and much better long-term growth opportunities.”
Read the court decisionRead the full story...Reprinted courtesy of
Natalia Kniazhevich & Matthew Burgess, Bloomberg
Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public View
March 22, 2021 —
Richard Korman - Engineering News-RecordTappan Zee Constructors, the consortium that built the big New York Hudson River crossing that opened in 2018, is embroiled in another lawsuit related to the bridge.
Reprinted courtesy of
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!
August 24, 2020 —
Wilke FleuryCongratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2020!
Each attorney has been awarded an accolade in the following practice areas:
Kathryne Baldwin – Insurance
Dan Baxter – Business Litigation & Government Contracts
Adriana Cervantes – Medical Malpractice
Heather Claus – Health Care
Aaron Claxton – Health Care
Dan Egan – Bankruptcy and Creditor/Debtor
Samson Elsbernd – Employment & Labor
Danny Foster – Litigation Insurance
David Frenznick – Construction & Construction Litigation
George Guthrie – Real Estate & Construction Litigation
Ron Lamb – Medical Malpractice
Neal Lutterman – Medical Malpractice
Steve Marmaduke – Business/Corporate & Real Estate
Gene Pendergast – Estate Planning & Probate
Mike Polis – Health Care
Matthew Powell – Business Litigation
Bianca Samuel – Employment & Labor
Shannon Smith-Crowley – Legislative & Governmental Affairs
Spencer Turpen – Medical Malpractice
Steve Williamson – Business Litigation & Bankruptcy and Creditor/Debtor
Read the court decisionRead the full story...Reprinted courtesy of
Wilke Fleury
