Christopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"
September 06, 2021 —
Christopher Leise - White and Williams LLPWhite and Williams is proud to announce that Christopher Leise has been named Best Lawyers® 2022 "Lawyer of the Year" in Cherry Hill, NJ for his work in Litigation - Insurance.
Chris focuses his practice on complex insurance and commercial litigation, including the representation of licensed insurance agents and brokers in professional liability claims and agency contract disputes. He also has extensive experience litigating complex insurance coverage, insurance bad faith, RICO and insurance fraud claims, fire damage claims, and ERISA disputes. Chris works with regional and national brokerage firms defending professional liability claims and handling disputes with insurance companies throughout the mid-Atlantic region, as well as with commercial insurance carriers defending allegations of bad faith.
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Christopher Leise, White and Williams LLPMr. Leise may be contacted at
leisec@whiteandwilliams.com
Warning! Danger Ahead for Public Entities
July 30, 2019 —
Michael J. Baker - Snell & Wilmer Under Construction BlogPublic entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V. City of Los Angeles Department of Airports (LAWA), 29 Cal. App. 5th 378 (2018), backfired on the public entity, LAWA, in a big way and should serve as a warning to public entities about expanding claims to include False Claim actions. In this case, LAWA was awarded $1 in contract damages, its California False Claims Act (CFCA) claim was rejected by the jury as were JRI’s claims against LAWA. Despite losing on the substantive contract claims, the trial court found that JRI “prevailed in the action” under the relevant CFCA fee provision, Government Code 12652, subd. (g)(9)(B), regardless of JRI’s failure to prevail in the action as a whole. The California Appellate Court (hereinafter “Court”) affirmed the trial court’s finding.
The CFCA is analogous to the federal False Claims Act (FFCA; 31 U.S.C. 3729 et seq.). Since the CFCA is patterned on similar federal legislation, it was appropriate for the Court to look to precedent construing this similar federal act in interpreting the CFCA provisions. Accordingly, the Court looked at the False Claims Act cases for guidance in upholding the trial court’s decision in its determination that JRI was the “prevailing party” for determining an attorney’s fees award against LAWA.
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Michael J. Baker, Snell & WilmerMr. Baker may be contacted at
mjbaker@swlaw.com
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
February 26, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish "property damage" caused by an "occurrence."Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023).
M/I Homes was the general contractor for a residential townhome development. The Owners' Association sued for breach of conract and breach of the implied warranty of habitability against M/I Homes. The complaint alleged that M/I Homes' subcontractors caused construction defects by using defective materials, conducting faulty workmanship and failing to comply with applicable building codes. The defects included leakage and uncontrolled water with moisture in locations in the buildings where it was not intended or expected. The Association further alleged that M/I Homes did not intend to cause the construction defects nor did it expect or intend the resulting property damage, such as damage to other building materials. The complaint further alleged that M/I Homes did not perform any of the construction work and that the subconractors performed all the work on its behalf.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Picketing Threats
July 09, 2019 —
Jerry Morales - Snell & Wilmer Under ConstructionLetters from unions to owners, general contractors and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s plans to engage in “public informational campaigns” at the site, in furtherance of the dispute, may constitute unlawful threats of secondary boycott.
Unions often send letters to various employers that share a common construction project site, informing them that the union has a dispute with one or more of the subcontractors working or scheduled to work at the same site. In labor law, the employers that do not have a dispute with the union are referred to as “neutral employers,” in contrast with the employers with which the union has the dispute, referred to as “primary employers.”
In the letters, the unions typically describe the reason for the labor dispute (e.g., alleged failure to pay “area standards”), request that the neutrals use their “managerial discretion” not to allow the primary employers to perform work at the project site until the dispute is resolved, and inform that the union will engage in public information campaigns against the primary employer at the common situs. The “public information campaign” is described in the union’s letter as including banner displays, distribution of handbills, picketing and other demonstration activity.
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Jerry Morales, Snell & WilmerMr. Morales may be contacted at
jmorales@swlaw.com
Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient
November 24, 2019 —
Newmeyer DillionNewmeyer Dillion, a prominent business and real estate law firm, today announced Greg Dillion and the firm were named the 2019 Good Scout Award recipient by the Boy Scouts of America, Orange County Council. Dillion and the firm were recognized at the 38th annual Construction Industry Luncheon on November 18th at Hotel Irvine in Irvine, CA. The award is given to individual/company in recognition of their outstanding character, leadership in their industry and commitment to their community.
"When reviewing the 12 points of the Scout's law, with each point as a goal for every Scout to live up to, the two that stand out the most for me that Greg embodies are that Greg is 'helpful' and Greg is 'brave,'" says Newmeyer Dillion's Managing Partner Paul Tetzloff, who served as Master of Ceremonies for this year's award.
"Greg has the instantaneous willingness to help, and he will make the time to help even when he has no time to do so. Greg never runs and he never backs down. He is the person that we look up to. He never hesitates, and he never blames. He only moves forward. I've been blessed in my life to be around and influenced by some tremendous leaders. Greg is the real deal. The Boy Scouts could not have picked a better man to honor."
Greg Dillion is a founding partner of Newmeyer Dillion. Established 35 years ago, the firm has grown from three attorneys to over 70 in three offices. Along with an active trial and appellate public and private practice, Dillion represents residential and commercial developers and other businesses in complex and high stakes business, insurance, real estate and construction disputes. He also advises on insurance policy placement and review; risk avoidance, transfer and management; and alternative dispute resolution methods, techniques and enforceability.
Dillion is active in the community in which he serves, as a supporter of numerous charities and non-profit organizations like the American Cancer Society, Boys Scouts of America, The City of Hope, Interval House, Joyful Child, The Catalina Conservancy, Orangewood Foundation, The Shea Center, The Catalina Cowboy Heritage Foundation and more. He currently sits on the Board for the Surfing Heritage & Culture Center and the Los Caballeros.
Learn More:
https://www.newmeyerdillion.com/gregory-l-dillion/
https://vimeo.com/374510243/a587df2eaa
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers legal services tailored to meet each client's needs and takes an integrated and holistic approach to its legal representation that propels each clients' vision, mission, culture, operations, peace of mind and bottom line. 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 have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com.
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Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory
May 13, 2019 —
Meredith Thielbahr - Gordon & Rees Construction Law BlogFor those contractors in the government arena, read on.
The False Claims Act (“FCA”) was enacted to deter knowingly fraudulent actions by contractors which resulted in a loss of property to the Government. Intent to defraud with resulting financial hardship was required. Contrary to popular misconception, the statute was not designed to punish all false submissions to the Government simply because those submissions, or claims, are later found to be false. The statute’s inclusion of the requisite element of knowledge is consistent with this notion:
- A defendant must submit a claim for payment to the Government;
- the claim must be false or fraudulent;
- the defendant must have known the claim was fraudulent when it was submitted (also known as scienter); and
- the claim must have caused the Government to pay out money.
See 31 U.S.C. § 3729(a).
Despite these explicit elements (in addition to common law elements of fraud), over the last two decades, contractors have seen ever-expanding theories of FCA recovery presented by qui tam plaintiffs and the Government. For example, under the FCA, the false “claim” evolved over time: the claim no longer needs to be an express false claim (i.e. the truthfulness of the claim is a direct condition of payment); the claim can be “implied” misrepresentation or “half-truth”.
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Meredith Thielbahr, Gordon & Rees Scully MansukhaniMs. Thielbahr may be contacted at
mthielbahr@grsm.com
New Jersey Strengthens the Structural Integrity of Its Residential Builds
March 11, 2024 —
Matthew D. Stockwell - Gravel2Gavel Construction & Real Estate Law BlogIn response to the June 2021 Champlain Towers collapse in Florida, New Jersey supplemented its State Uniform Construction Code Act by enacting legislation (effective January 8, 2024) to strengthen laws related to the structural integrity of certain residential structures in the State. The legislation applies to condominiums and cooperatives (but not single-family dwellings or primarily rental buildings) with structural components made of steel, reinforced concrete, heavy timber or a combination of such materials. The legislation also supplements the Planned Real Estate Development Full Disclosure Act to ensure that associations created under the Act maintain adequate reserve funds for certain repairs.
The legislation requires structural engineering inspections of any primary load-bearing system (structural components applying force to the building which deliver force to the ground including any connected balconies). Buildings that are constructed after the date the legislation was signed must have their first inspection within 15 years after receiving a Certificate of Occupancy. Buildings that are 15 years or older must be inspected within two years of the legislation. Thereafter, the structural inspector will determine when the next inspection should take place, which will be no more than 10 years after the preceding inspection, except for buildings more than 20 years old which must be inspected every five years. Also, if damage to the primary load-bearing system is otherwise observable, an inspection must be performed within 60 days.
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Matthew D. Stockwell, PillsburyMr. Stockwell may be contacted at
matthew.stockwell@pillsburylaw.com
Insurer’s Confession Of Judgment Through Post-Lawsuit Payment
June 25, 2019 —
David Adelstein - Florida Construction Legal UpdatesThe recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.” In this case, an insured suffered water damage from a pipe leak. The insurer paid the insured $6,000 because of sublimits in the property insurance policy. There was a $5,000 sublimit for mold and a $1,000 sublimit for water leakage that occurs over a period of 14 days or more. The insured sued the insurer for covered water damage arguing that the sublimits did not apply.
After the lawsuit was filed, an agreed order was entered that stayed the case pending an appraisal. The appraisal award did not apply the $1,000 sublimit to the water damage from the pipe leak and segregated out damage for mold. (The insurer already paid the mold sublimit). The insurer ended up paying the appraisal award for the water damage caused by the pipe leak after deducting its pre-lawsuit sublimit payment. The insurer paid the award and did NOT challenge the application of the $1,000 sublimit in court, although it could have since coverage issues are decided by courts.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
