Newmeyer Dillion Attorneys Selected To The Best Lawyers In America© And Orange County "Lawyer Of The Year" 2020
September 03, 2019 —
Newmeyer DillionProminent business and real estate law firm Newmeyer Dillion is pleased to announce that ten of the firm's attorneys were recently recognized in their respective practice areas in The Best Lawyers in America© 2020. In addition, two attorneys have been named Best Lawyers ® 2020 "Lawyer of the Year." Greg Dillion was recognized by Best Lawyers as the 2020 Construction Law "Lawyer of the Year" award winner, while Thomas Newmeyer was recognized by Best Lawyers as the 2020 Litigation - Real Estate "Lawyer of the Year" award winner.
Attorneys named to The Best Lawyers in America, include:
Jason Moberly Caruso
Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs
Michael S. Cucchissi
Real Estate Law
Jeffrey M. Dennis
Insurance Law
Gregory L. Dillion
Commercial Litigation, Construction Law, Insurance Law, Litigation – Construction, Litigation - Real Estate
Joseph A. Ferrentino
Litigation – Construction, Litigation - Real Estate
Jon Janecek
Real Estate Law
Thomas F. Newmeyer
Commercial Litigation, Litigation - Real Estate
John O'Hara
Litigation – Construction
Bonnie T. Roadarmel
Insurance Law
Jane Samson
Real Estate Law
Newmeyer Dillion is immensely proud of our lawyers, whose consistent recognition demonstrates their contributions to the firm, our clients and the legal profession.
With a history of over 35 years, Best Lawyers is the oldest peer review publication within the legal profession. Universally regarded as the definitive guide to legal excellence, Best Lawyers lists are compiled based on an exhaustive peer-review evaluation in which leading lawyers confidentially evaluate their professional peers. Their listings are published in 77 countries worldwide and are recognized for their reliable and unbiased selections. Only one lawyer for each specialty and location is recognized as the "Lawyer of the Year," an award given to the individual with the highest overall peer-feedback for a specific practice area and geographic region.
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that align with the business objectives of clients in diverse industries. With over 70 attorneys working as an integrated team to represent clients in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers tailored legal services to propel clients' business growth. 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 Nevada, 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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Balestreri Potocki & Holmes Attorneys Named 2020 Super Lawyers and Rising Star
July 06, 2020 —
Balestreri Potocki & HolmesThe law firm of Balestreri Potocki & Holmes is pleased to announce that Shareholders
Thomas A. Balestreri, Jr. and
Joseph P. Potocki have been selected as 2020 Super Lawyers and Associate
Robin H. Smith has been named a 2020 Rising Star.
Each year no more than 5 percent of the lawyers in the state are selected to receive the honor of being included in the Super Lawyers list and no more than 2.5 percent of the lawyers are selected to the Rising Stars list.
Balestreri has been selected to the Super Lawyers list in the areas of Construction Litigation. Balestreri has dedicated most of his 30 plus years in practice to the representation of developers, property owners, and general contractors in litigation, negotiations, and risk management. A seasoned trial lawyer, he has tried a number of high exposure cases with great success.
Selected as a Super Lawyer in the area of Construction Litigation, Potocki’s practice concentrates on litigation, transactional matters and construction contract drafting and negotiation. His extensive litigation experience involves high-value disputes relating to a wide variety of issues in the real estate, business and construction arenas.
Smith has been named a Rising Star by Super Lawyers in the area of Civil Litigation. In her varied litigation practice, Smith represents individuals and business entities in complex catastrophic personal injury matters. She also represents employers in labor and employment matters and a variety of businesses, including automobile dealers, in breach of contract, unfair competition, unfair business practices, defamation, and consumer claims.
Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
Balestreri Potocki & Holmes is headquartered in San Diego, California. The firm provides comprehensive counsel to large and small companies across a wide range of established and emerging industries. Balestreri Potocki & Holmes is located in downtown San Diego at 401 B Street, Suite 1470. More information about the firm can be found at: www.bph-law.com.
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Balestreri Potocki & Holmes
Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
February 15, 2021 —
Stephen M. Tye & Lawrence S. Zucker II - Haight Brown & BonesteelIn Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable.
In Cabatit, Mr. and Ms. Cabitat entered into a solar power lease agreement (the “Agreement”) with Sunnova Energy Corporation (“Sunnova”). Ms. Cabitat, who signed the agreement, speaks English but does not understand complicated or technical terms. The salesperson scrolled through the agreement language and Ms. Cabatit initialed where the salesperson indicated, even though she did not understand most of what he was saying. The salesperson did not explain anything about the arbitration clause nor did he provide Ms. Cabatit with a copy of the Agreement.
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Stephen M. Tye, Haight Brown & Bonesteel and
Lawrence S. Zucker II, Haight Brown & Bonesteel
Mr. Tye may be contacted at stye@hbblaw.com
Mr. Zucker may be contacted at lzucker@hbblaw.com
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Investigators Eye Fiber Optic Work in Deadly Wisconsin Explosion
July 18, 2018 —
Jeff Yoders – Engineering News-RecordA hole punched into a 4-in.-dia gas pipeline during fiber-optic line laying is blamed for an explosion that killed a 34-year-old fire captain and injured nine other people, including four firefighters, in downtown Sun Prairie, Wis., on July 10. The injured were treated at nearby hospitals and have since been released.
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Jeff Yoders, ENRMr. Yoders may be contacted at
yodersj@enr.com
Factories Boost U.S. Output as Builders Gain Confidence: Economy
June 18, 2014 —
Victoria Stilwell – BloombergAmerican manufacturers are churning out more goods and homebuilders are regaining confidence as evidence mounts that the world’s largest economy is making a comeback after a slow start to 2014.
Output at factories, mines and utilities rose 0.6 percent in May, reflecting gains at makers of automobiles, business equipment and construction supplies, according to Federal Reserve data today in Washington. Builder sentiment this month jumped by the most in almost a year, another report showed.
Improving consumer and business spending means assembly lines will probably remain busy in the second half of the year, giving growth a boost after the expansion sputtered in the first quarter. The reports, which came as the International Monetary Fund cut its 2014 forecast for the U.S., give Fed policy makers meeting this week reason to continue trimming stimulus at a measured pace to ensure the rebound is sustained.
“We’re back on track,” said Michael Feroli, chief U.S. economist at JPMorgan Chase & Co. in New York, and the second-best production forecaster over the last two years, according to data compiled by Bloomberg. “Everything is growing at a pretty good clip.”
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Victoria Stilwell, BloombergMs. Stilwell may be contacted at
vstilwell1@bloomberg.net
Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues
November 13, 2023 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 billion stadium, and more!
- NFL star Tyler Lockett is preparing for his life and career after football by becoming a real estate broker in both Washington state and Texas. (Brady Henderson, ESPN)
- Seller impersonation fraud has become a major scam in the United States with 73% of real estate firms reporting an increase in these schemes since the beginning of the year. (Diane Tomb, Fortune)
- “Buyer-broker commissions” are a focus for the U.S. Justice Department as they have filed a “statement of interest” in one case in Massachusetts while there are several other pending lawsuits in U.S. courts. (Mike Scarcella, Reuters)
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Pillsbury's Construction & Real Estate Law Team
NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers
February 24, 2020 —
Traub LiebermanIn New Jersey Transit Corp. v. Certain Underwriters at Lloyd’s, London, 2019 WL 6109144 (N.J. App. Div. Nov. 18, 2019), New Jersey Transit (“NJT”) defeated the claim of several of its insurers that a $100 million flood sublimit applied to its Superstorm Sandy damages and recovered the full $400 million limits of its property insurance tower. The decision is a big win for the beleaguered transit agency, and for insurance professionals working with complex insurance towers, the decision highlights critical underwriting issues that can dramatically affect the amount of risk transferred by the policyholder or assumed by the insurer.
In NJ Transit, NJT secured a multi-layered property insurance program providing $400 million in all-risk coverage. The first and second layers provided $50 million each, the third and fourth layers provided $175 million and $125 million, respectively, with several insurers issuing quota shares in each layer. The program contained a $100 million flood sublimit, and “flood” was defined to include a “surge” of water. The program did not contain a sublimit for damage caused by a “named windstorm,” which was defined to include “storm surge” associated with a named storm. After NJT made its Superstorm-Sandy claim, some of the third- and fourth-layer insurers advised NJT that the $100 million flood sublimit applied to bar coverage under their policies. NJT sued these excess insurers and won at the trial and appellate levels.
In holding that the $100 million flood sublimit did not apply, the court applied the rule of construction that the specific definition of “named windstorm,” which included the terms “storm surge” and “wind driven water,” controlled over the policies’ more general definition of “flood.” In ascertaining the parties’ intent, the court noted that the omission of the term “storm surge” in the definition of “flood” evidenced an intention that the flood sublimit would not apply to storm surges. Based on this finding, the court rejected several arguments made by the insurers that other policy provisions evidenced the parties’ intent to apply the flood sublimit to all flood-related losses, regardless of whether the loss was caused by a storm surge.
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Traub Lieberman
Builders Seek to Modify Scaffold Law
June 28, 2013 —
CDJ STAFFNew York’s scaffold law dates back to 1885 and requires contractors and building owners to take measures to protect worker from falls through “proper protection.” And although the law is more than 125 years old, Lou Colettie of the Building Trades Employers Association clams that the law “is going to destroy the construction industry.” On the other side, a former director of the NYC Central Labor Council says that builders want to get rid of the law because of “greed.”
The New York Daily News notes that when workers using scaffolds or ladders are injured, the contractor must prove the site was safe. According to the claims of the building industry, this would let workers get settlements if their injuries were their own fault, such as working while intoxicated or failing to observe their employer’s safety procedures. A bill is currently working its way through the New York legislature that would make the employee’s actions relevant in an injury lawsuit.
There have been past unsuccessful attempts to repeal the law, this year opponents are pushing to just amend it.
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