Fairfield Connecticut Building Expert Directory

Union Handbilling: When, Where, and Why it is Legal

November 06, 2018 — Wally Zimolong - Supplemental Conditions
A few days ago, IBEW Local 98 began began protesting a restaurant owned by professional football player Jahri Evans. The organizers are accusing Evans of violating local construction wage standards and are advertising their dispute with “handbills.” What are handbills? Walking down Fremont Street in Las Vegas is impossible without one or several characters putting a small business card with “questionable” adult entertainment advertisements in your hand. Some will slap papers to your chest, leaving you no choice but to grab the flyers. On a different level, this action occurs on a regular basis by union member. But instead of shady characters pushing questionable entertainment, it is union representatives pushing a dispute with a local employer over working conditions. However, in either case the practice is known as i as handbilling. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

February 25, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Eleventh Circuit determined that the trial court did not err by refusing to give preclusive effect to findings made in the underlying state-court action because there was no collateral estoppel. Nationwide Mut. Ins. Co. v. Sharif, 2014 U.S. App. LEXIS 2114 (11th Cir. Feb. 4, 2014). Bashir's owned a grocery and was insured by Nationwide. The decedent was accidentally killed by a pistol stored under the cash register. The decedent's personal representative sued Bashir in state court. Nationwide declined to defend because it maintained that the employment exclusion applied to bar coverage. The personal representative argued two alternative claims, the first assuming the decedent was not an employee of Bashir's and the second assuming that he was. The state court granted a motion to dismiss the second claim that the decedent was an employee. In a subsequent trial, judgment was awarded against Bashir and another defendant in the amount of $950,000. 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

Purse Tycoon Aims at Ultra-Rich With $85 Million Home

September 24, 2014 — John Gittelsohn and Nadja Brandt – Bloomberg
The eight-bedroom, 15-bath Beverly Hills, California, mansion has $5,600 toilets, a wall of caramel onyx and an 18-seat screening room with doors clad in Italian lizard skin. Asking price: $85 million. Rapper Jay Z has taken two tours of the hillside aerie with views that sweep from downtown Los Angeles to the Pacific Ocean. The estate was developed by Bruce Makowsky, who made his fortune selling handbags through department stores and the QVC television channel. “There was a void of homes for super-wealthy people, and that’s why I did it,” Makowsky said while sitting near a curved 54-foot (16-meter) glass wall that slides open to an infinity pool with iPad-controlled fountains. “I don’t think there’s anybody who’s served up $85 million-to-$100 million homes at this level for somebody to step into and buy.” Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Ms. Brandt may be contacted at nbrandt@bloomberg.net Read the court decision
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Reprinted courtesy of John Gittelsohn and Nadja Brandt, Bloomberg

Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George Successfully Oppose Plaintiff’s Motion to Vacate Dismissal

September 11, 2023 — Colleen E. Hastie & Jeffrey George - Traub Lieberman
Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George successfully opposed Plaintiff’s motion to vacate a prior dismissal of plaintiff’s medical malpractice action brought before the Supreme Court of the State of New York, Bronx County. The lawsuit, commenced by Plaintiff in 2015, alleged medical malpractice stemming from treatment Plaintiff received at a New York medical facility after falling out of a window at a rental property owned by Traub Lieberman’s client (“Property Owner”). Property Owner moved to dismiss Plaintiff’s complaint or preclude Plaintiff from offering evidence in support of its claims, or in the alternative, compel plaintiff to produce all outstanding discovery. The Medical Facility cross-moved for the same relief. Defendants agreed to adjourn the motion until after plaintiff’s deposition, but plaintiff made no effort to secure an adjournment with the court and plaintiff filed no opposition to the motion, allowing the motion to be granted on default. Plaintiff waited nearly a year to file a motion to vacate the default judgment, despite receiving notification of the default from defense counsel. Property Owner, in opposing plaintiff’s motion, pointed to plaintiff’s long history of dilatory conduct and failure to comply with discovery orders in support of its position that plaintiff failed to show any good cause for its default on the motion to dismiss. Reprinted courtesy of Colleen E. Hastie, Traub Lieberman and Jeffrey George, Traub Lieberman Ms. Hastie may be contacted at chastie@tlsslaw.com Mr. George may be contacted at jgeorge@tlsslaw.com Read the court decision
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Mediation Scheduled for Singer's Construction Defect Claims

February 11, 2013 — CDJ STAFF
A judge has scheduled mediation and trial over the claims of Rihanna that her Beverley Hills home suffers from construction defects. The singer claims that the previous owners, Adriana and Heather Rudomin, did not disclose construction defects which lead to flooding from water leaks in January 2010. The Rudomins did not appear at the February 7th hearing, and the judge fined them $500. They will be required to explain their absence on March 12. The mediation will begin on May 7. The trial has been scheduled for February 24, 2014, and is expected to last three weeks. Read the court decision
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Reprinted courtesy of

Two More Lawsuits Filed Over COVID-19 Business Interruption Losses

April 13, 2020 — Michael S. Levine - Hunton Andrews Kurth
Two more lawsuits were filed yesterday concerning business interruption losses resulting from the COVID-19 pandemic. The plaintiffs, the Chickasaw and Choctaw nations, filed their lawsuits, copies of which can be found here and here, in Oklahoma state court against a litany of property insurers, led by AIG. The lawsuits seek an order that any financial losses suffered by the nations’ casinos, restaurants and other businesses as a result of the coronavirus pandemic are covered by the nations’ insurance policies. According to the complaints:

On or about March of 2020, the United States of America became infected by COVID 19 resulting in a pandemic. As a result of this pandemic and infection, the Nation’s Property sustained direct physical loss or damage and will continue to sustain direct physical loss or damage covered by the policies, including but not limited to business interruption, extra expense, interruption by civil authority, limitations on ingress and egress, and expenses to reduce loss. As a direct result of this pandemic and infection, the Nation’s Property has been damaged, as described above, and cannot be used for its intended purpose.

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Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

July 18, 2018 — Gus Sara - The Subrogation Strategist
In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held that the defendant has the burden of offering evidence of alternative measures of damages if it seeks to argue that the plaintiff’s measure of the damages is unreasonable. The Court of Appeals found that the lower court erred in taking judicial notice of alternative measures of damage when the defendant failed to meet its burden of proof. The court’s holding establishes that, if the defendant does not offer evidence of alternative measures of damage, then the measure of damages introduced by the plaintiff will apply. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Haight Welcomes Robert S. Rucci

August 26, 2015 — Robert S. Rucci – Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP welcomes new partner Robert S. Rucci. Mr. Rucci joins Haight’s San Diego office in the Construction Law, General Liability and Risk Management & Insurance Law Practice Groups. For 25 years, Mr. Rucci has specialized in defending design professionals, businesses and their employees in addition to representing clients against declaratory relief, breach of contract and bad faith litigation. During his career, he has tried 60 cases to defense verdict and successfully resolved countless matters via mediation, arbitration and settlement conference. His extensive litigation experience is invaluable to our clients. Haight Brown & Bonesteel LLP 402 West Broadway Suite 1850 San Diego, CA 92101 www.hbblaw.com Read the court decision
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Reprinted courtesy of Robert S. Rucci, Haight Brown & Bonesteel LLP
Mr. Rucci may be contacted at rrucci@hbblaw.com

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