Fairfield Connecticut Building Expert Directory

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

February 16, 2016 — Roger Hughes – California Construction Law Blog
Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity doctrine a public entity can avoid liability for dangerous conditions on public property if it can show: 1.A causal relationship between the plan or design and the accident; 2.Discretionary approval of the plan or design prior to construction; and 3.Substantial evidence supporting the reasonableness of the plan or design. Read the court decision
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Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
Mr. Hughes may be contacted at rhughes@wendel.com

A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

June 14, 2021 — Anthony B. Cavender - Gravel2Gavel
This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT BP PLC, et al. v Mayor and City of Baltimore The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court? Here, a group of energy companies were sued by the mayor and city council of Baltimore in state court, where they alleged that the defendants had concealed the adverse environmental effects of the fossil fuel products they promoted and sold in Baltimore City. Several similar lawsuits have been filed in many state courts, where typically it is alleged that the defendants can be sued on various common law theories. Rather than defend these cases in state court, the defendants have sought to remove these cases to federal court because climate change liability appears to be an issue that should be settled at the federal level. These efforts have been unsuccessful, with most federal trial and appellate courts holding that the reasons cited for removal (oftentimes the federal officer removal statute) have not been persuasive. In this case, both the Maryland federal district court and the U.S. Court of Appeals held they had no jurisdiction to authorize removal, and thus returned the case to the state court. Noting that the U.S. Court of Appeals for the Seventh Circuit ruled that a removal action could be countenanced under Section 1442, thus creating a circuit split, the Supreme Court held that a straightforward reading of the removal statute empowers the reviewing court to examine all theories for removal that a district court has rejected. Consequently, the Court remanded the case to the Fourth Circuit where it can decide, “in the first instance,” whether there actually exist grounds to remove this case to federal court. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Implications for Industry as Supreme Court Curbs EPA's Authority

August 15, 2022 — Pam McFarland & Jeff Yoders - Engineering News-Record
The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, and though the court’s opinion referred to a fairly narrow provision within the Clean Air Act, the ruling potentially places broad restrictions on the ability of federal agencies to enact regulations to address the climate crisis, according to several sources. Reprinted courtesy of Pam McFarland, Engineering News-Record and Jeff Yoders, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

February 08, 2021 — Traub Lieberman
Thirteen Traub Lieberman attorneys have been named 2021 Top Lawyers by Hudson Valley magazine. The honored attorneys represent the firm's Hawthorne New York office and six practice areas. Hudson Valley magazine uses online peer-voting and an internet search process to select outstanding lawyers from more than 30 practice areas, who have attained a high degree of peer recognition and professional achievement. "We are very proud of all of our attorneys for being recognized as among the top lawyers in the Hudson Valley,” said Partner and Vice-Chair Lisa Shrewsberry. Related Attorneys: Sara Kiridly, Mario Castellitto, Colleen E. Hastie, Timothy G. McNamara, Robert S. Nobel, Richard J. Rogers, Adam Krauss, Taylor C. Eagan, Stephen D. Straus, Lisa L. Shrewsberry, Lisa M. Rolle, Jonathan R. Harwood, Hillary J. Raimondi Read the court decision
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Reprinted courtesy of Traub Lieberman

TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

March 13, 2023 — James Leggate - Engineering News-Record
The Texas Dept. of Transportation and contractor Flatiron/Dragados LLC have “completely satisfied” four of the five main design safety concerns the state agency raised over the under-construction new Harbor Bridge in Corpus Christi, officials say. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else

December 01, 2017 — Shannon Sims - Bloomberg
“Next contestant, come on down.” On Oct. 6, in a bright courtroom in downtown Houston, Susan Braden, chief justice of the U.S. Court of Federal Claims, opens a preliminary hearing with a joke, beckoning a lawyer forward. Braden has flown in from Washington to oversee disputes involving the homes and businesses flooded in West Houston after Hurricane Harvey made landfall over Texas in late August. She has summoned attorneys interested in suing, to get their thoughts on how the proceedings should unfold. Almost 100 lawyers are present, combed and buzzing in anticipation of what promises to be some of the most complex and expensive litigation ever brought against the federal government. Observers speculate that thousands of plaintiffs could eventually join in, and that the total damages claimed could reach $10 billion or more, especially if the big energy and oil companies—whose presence in one section of West Houston gave it the nickname the Energy Corridor—sue over their flooded headquarters. Eighty suits, 11 of which are seeking class-action status, have been filed by homeowners against the federal government, though many of the Energy Corridor’s approximately 9,500 residents are still weighing their options, speed-dating lawyers by phone and at community meetings. Read the court decision
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Reprinted courtesy of Shannon Sims, Bloomberg

Be Aware of Two New Statutes that Became Effective May 1, 2021

May 24, 2021 — Christopher G. Hill - Construction Law Musings
On May 1, 2021, two new statutes that passed in 2020 and that directly affect construction became effective. I’ve used the AGC-VA description of the bills and encourage you to read the statutes in full. Prevailing Wage Starting May 1, 2021, Virginia’s new prevailing wage statute takes effect. This statute requires any contractor bidding on state procurement jobs to pay prevailing wages for work completed on the project. Further, localities and some institutes of higher education have the option to require prevailing wages on jobs. This may have the effect of significantly raising the cost of these jobs and creating market incentives which make it very difficult for many contractors to bid on this type of work, and is consistent with work performed on VDOT and federal projects. The law further requires certified payroll for any prevailing wage job and the consequence for not following the statute includes debarment. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

South Carolina Legislature Defines "Occurrence" To Include Property Damage Arising From Faulty Workmanship

May 26, 2011 — Tred R. Eyerly - Insurance Law Hawaii

On May 17, 2011, South Carolina passed legislation to combat the restrictive interpretation of what constitutes an "occurrence" under CGL policies. S.C. Code Ann. sec. 38-61-70.

The legislation reversed a decision by the state's Supreme Court issued earlier this year. See Crossman Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., 2011 W.L. 93716 (S.C. Jan. 7, 2011). Crossman had overruled an earlier decision by the South Carolina Supreme Court that holding that defective construction was an “occurrence.” Crossman, however, reversed course, holding that damages resulting from faulty workmanship were the “natural and probable cause” of the faulty work and, as such, did not qualify as an “occurrence.”

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES