Fairfield Connecticut Building Expert Directory

Green Investigations Are Here: U.S. Department of Justice Turns Towards Environmental Enforcement Actions, Deprioritizes Compliance Assistance

January 10, 2022 — Karen C. Bennett, R. Morgan Salisbury, Sean P. Shecter & Rose Quam-Wickham - Lewis Brisbois
Washington, D.C. (January 4, 2022) - Two high-ranking Department of Justice (DOJ) officials announced that the Biden Administration is prioritizing environmental regulatory enforcement over compliance assistance. Todd Kim, Assistant Attorney General for the DOJ’s Environment and Natural Resources Division (ENRD), and Deborah Harris of the DOJ’s Environmental Crimes Section, indicated in mid-December 2021 that companies and individuals should expect more “vigorous enforcement,” with an emphasis on criminal enforcement. This new policy is in contrast to the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA)'s previous emphasis on compliance and pollution mitigation instead of enforcement actions under the prior administration. DOJ’s new policy of promoting enforcement actions is consistent with the Biden Administration’s overall efforts to prioritize environmental justice. In April 2021, as explained in a previous Lewis Brisbois Client Alert, OECA released two memoranda directing enforcement teams to consider a variety of tools to resolve enforcement actions, including increased inspections, restitution, and reparation for victims of environmental crimes and overstepping state regulators where necessary. Reprinted courtesy of Karen C. Bennett, Lewis Brisbois, R. Morgan Salisbury, Lewis Brisbois, Sean P. Shecter, Lewis Brisbois and Rose Quam-Wickham, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Mr. Salisbury may be contacted at Morgan.Salisbury@lewisbrisbois.com Mr. Shecter may be contacted at Sean.Shecter@lewisbrisbois.com Ms. Quam-Wickham may be contacted at Rose.QuamWickham@lewisbrisbois.com Read the court decision
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New Jersey Appeals Court Ruled Suits Stand Despite HOA Bypassing Bylaw

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
In the case Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, a New Jersey appeals court ruled that a homeowners association (HOA) could bypass a bylaw that requires unit owners to approve litigation before it is filed, the New Jersey Law Journal reported. Two construction-defect suits were reinstated by the appeals court, and both had been “dismissed based on alleged violation of the bylaws.” The first suit “claimed the defendants' negligence contributed to major construction defects at the 225-unit condominium development, which was completed in 2004” while “the second suit claimed that one section of the development is sinking into the ground because of a failure to properly investigate soil conditions at the former industrial site where the buildings sit.” According to the New Jersey Law Journal, the HOA did not obtain approval from the unit owners prior to commencing litigation because “the statute of limitations was about to expire.” However, the HOA met with the residents in October of 2009 and a vote was cast “72 to 3 to pursue litigation.” In May of 2011 the second suit was dismissed because defendants stated “approval of residents was not obtained.” Another meeting of residents occurred, and another vote cast ratified “both suits by a vote of 65 to 1.” However, Judge Baber, who had previously dismissed both suits, refused to reinstate them. “The Appellate Division said in its ruling that the Condominium Act, N.J.S.A. 46:8B-1, gives the association the exclusive authority to file suit against builders and other third parties for damage to common areas in the community,” the New Jersey Law Journal reported. “Given its legal responsibility for upkeep of common areas, and its statutory authorization to sue for damages to such areas, the association had standing to file suit, the appeals court said.” Read the court decision
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Lost Rental Income not a Construction Defect

November 27, 2013 — CDJ STAFF
A judge in Colorado has ruled that although the homeowner’s policy excluded construction defects from coverage, lost rental income and the cost of deck repair involved in fixing a defective drainage system were. Read the court decision
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Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations

March 14, 2018 — Michael Levine and Geoffrey Fehling - Hunton Insurance Recovery Blog
Last month, we reported on the ongoing insurance coverage dispute between commercial landlord KVP Properties, Inc. and its property insurer, Westfield Insurance Company. The dispute arises from an October 2015 DEA raid on KVG-owned rental units in Novi, Michigan, which uncovered damage to the units related to the tenants’ marijuana growing operations. The arguments raised by KVG on appeal highlight a number of important marijuana-related coverage issues, which Westfield has now addressed in opposition. Reprinted courtesy of Michael Levine, Hunton & Williams LLP and Geoffrey Fehling, Hunton & Williams LLP Mr. Levine may be contacted at mlevine@hunton.com Mr. Fehling may be contacted at gfehling@hunton.com Read the court decision
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Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

February 05, 2015 — R. Bryan Martin, Lawrence S. Zucker II, and Kristian B. Moriarty – Haight Brown & Bonesteel LLP
In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was prejudicial and grounds for a new trial. Plaintiff, Wilfredo Velasquez, brought suit against defendant, Centrome, Inc., alleging personal injuries related to on-the-job exposure to diacetyl, which was purportedly distributed by Centrome. Prior to trial, numerous motions in limine were filed with the trial court including a motion brought by Plaintiff to preclude Centrome from referring to or making any comments about Mr. Velasquez’s citizenship or immigration status. Plaintiff contended the information was not relevant (as no loss of earnings claim was asserted), and was substantially more prejudicial than probative. Defendant opposed the Motion arguing the information was relevant for the limited purpose of allowing expert testimony about Mr. Velasquez’s inability as an undocumented alien to participate in a lung transplant he claimed was needed. The Court deferred ruling on the motion. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Lawrence S. Zucker II and Kristian B. Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com; Mr. Zucker may be contacted at lzucker@hbblaw.com; and Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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Top 10 Take-Aways from the 2024 Annual Forum Meeting in New Orleans

May 20, 2024 — Marissa L. Downs & Brendan Witry - Laurie & Brennan, LLP
Over 600 construction lawyers, experts, and consultants met in New Orleans last week for the Forum’s 2024 Annual Meeting where Program Coordinators Brenda Radmacher and Joseph Imperiale together with John Cook and Buck Beltzer put together an insightful program focused on all things construction litigation. Here are our 10 top take-aways from this unique program. 10. Don't underestimate the soft skills that are necessary to effectively represent your clients. There are different ways to measure success when it comes to construction litigation, according to Stephen Dale (WSP USA), Melissa Beutler Withy (Big-D), and Matthew Whipple (Wohlsen Construction). What these (and likely other inside counsel) will look for when retaining outside counsel is the ability to accurately forecast litigation expense and timely communicate case developments. Being able to master these "soft" skills is as important (if not more so) as an attorney's aptitude for trial advocacy. The in-house counsel who hire litigation counsel will be held accountable to deliver results on the investment they are making in legal fees. Outside counsel who cannot manage budgets or avoid surprises in the course of a case will not be successful as litigators. Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP and Brendan Witry, Laurie & Brennan, LLP Ms. Downs may be contacted at mdowns@lauriebrennan.com Mr. Witry may be contacted at bwitry@lauriebrennan.com Read the court decision
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Insureds' Summary Judgment Motion on Mold Limitation Denied

November 10, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insureds' motion for partial summary judgment on the applicability of the homeowner's mold limitation was denied. R.W.& R. v. Liberty Mutual Fire Ins. Co., 2016 U.S.Dist. LEXIS 131586 (W.D. Wash. Sept. 26, 2016). The policy imposed a $5,000 limit on losses caused by mold. Plaintiffs discovered that their dishwasher was leaking and reported the loss to Liberty. Liberty's contractor concluded that the bottom of the dishwasher had rusted out, causing water to seep into parts of the kitchen and the laundry/utility room below. The contractor used dehumidifiers to extract moisture from the affected areas and removed damaged cabinetry, drywall and tiling. The contractor discovered mold that it believed predated the dishwasher leak. Although the contractor took steps to remove the mold, its dehumidification efforts exacerbated the problem by dispersing mold spores throughout portions of the house. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Cybersecurity on Your Project: Why Not Follow National Security Strategy?

August 28, 2018 — Rick Erickson - Snell & Wilmer Real Estate Litigation Blog
In its recent Cybersecurity Strategy, the U.S. Department of Homeland Security (DHS) defined “cyberspace” as “the independent network of information technology infrastructure, including the Internet, telecommunications networks, computers, information and communications systems, and embedded processors and controllers.” To DHS, protecting cyberspace includes threats against “federal and nonfederal information systems.” In other words, both private and public interests are at risk. In his 2018 National Defense Strategy, U.S. Department of Defense Secretary, Jim Mattis, essentially concurred in declaring cyberspace a “warfighting domain” and promising to “invest in cyber defense, resilience, and the continued integration of cyber capabilities into the full spectrum of military operations.” The construction industry is a key player in cybersecurity because contractors, designers and owners are responsible for building and delivering projects providing critical public services like national defense, health care, law enforcement, transportation, and utilities. Like any business reckoning with risks in cyberspace, moreover, everyone on a construction project has valuable data and confidentialities to protect. Cyber breaches on a project may also compromise electrical power, physical safety and, inevitably, a lot more than the critical path schedule and profit margins. Cybersecurity insurance is not very affordable or comprehensive, either, and it usually excludes any property damage or bodily injury resulting from a cyber event. Read the court decision
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Reprinted courtesy of Rick Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

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