Fairfield Connecticut Building Expert Directory

Environmental Roundup – May 2019

July 09, 2019 — Anthony B. Cavender - Gravel2Gavel
Federal Courts of Appeal Dam Claims Collapse On May 7, 2019, the U.S. Court of Appeals for the Eleventh Circuit decided the case of Navelski, et al. v. International Paper Company. After a major storm, a dam constructed by International Paper to serve the operations of its local paper mill, was breached, releasing millions of gallons of water into a nearby creek resulting in the flooding of many homes located downstream from the creek. IP was sued by the homeowners in a class action, alleging negligence and strict liability for conducting an abnormally dangerous activity. The trial court dismissed the strict liability claim, and the jury found IP was not negligent in the operation of the dam. On appeal, the court upheld the jury verdict, agreeing that the verdict was supported by the evidence heard by the jury. The appeals court also agreed that the strict liability claim was properly dismissed as a matter of law because the operation of this dam was not an abnormally dangerous activity under Florida law. The plaintiffs had also argued that the jury should not have been advised that the home county, Escambia County, has applied for a FEMA grant which apparently made the case that some of the downstream homes were naturally prone to flooding. A redacted version of the application was allowed to be shown to the jury, but the appeals court held that the plaintiffs had not demonstrated that the court ruling was prejudicial. 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

No Coverage for Contractor's Faulty Workmanship

July 10, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper. Martin v. Acuity, 2018 Ky. LEXIS 188 (Ky. April 26, 2018). Martin Elias/Properties, LLC (MEP) purchased an older home to renovate and resell for profit. MEP hired Tony Gosney to renovate and expand the basement. Gosney agreed to dig the existing basement deeper, pour new footers and pour a new concrete floor. While performing his work, Gosney failed to support the existing foundation adequately before digging around it. Within days, the old foundation began to crack and eventually the entire structure began to sag. Gosney stopped work and notified his insurer, Acuity. 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

Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

January 28, 2014 — Beverley BevenFlorez-CDJ STAFF
The owners of the Elizabeth Lofts condominiums in the Pearl District, Portland, Oregon have settled with Victaulic Co., the plumbing supplier who allegedly “sold failing parts,” reported The Oregonian. The case had been scheduled to go to trial this month. “Lawsuits filed by owners at the Avenue Lofts, the Benson Tower and The Edge Lofts are moving forward in federal courts.” The Elizabeth Lofts owners alleged “parts used in the buildings’ plumbing systems were disintegrating and causing water damage,” according to The Oregonian. The owners association had sought over three million in damages, though Phillip E. Joseph, Elizabeth Lofts owners’ attorney, said “he couldn’t disclose the terms” of the settlement. Victaulic’s attorney “declined to comment.” Read the court decision
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Two Injured in Walkway Collapse of Detroit Apartment Complex

May 30, 2018 — Beverley BevenFlorez-CDJ STAFF
ABC WXYZ Local News reported that a balcony collapsed at the Anthoes Garden Apartments in Detroit, Michigan. Two people were witnessed falling from the upper walkway through the second and third floors, landing on the cement, sidewalk below. Neighbors pulled the thirty-something woman out of the debris, but the sixty-something man remained trapped under cement chunks and told the rescuers that he could not breathe. The neighbors used car jacks to raise the cement blocks to relieve pressure while waiting for help to arrive. Firefighters rescued residents from the apartments. The fire marshall condemned the building. However, according to ABC News, "people who live in apartments nearby are afraid to leave because of the walkway's instability." Read the court decision
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Trial Date Discussed for Las Vegas HOA Takeover Case

February 04, 2014 — Beverley BevenFlorez-CDJ STAFF
Jeff German of the Las Vegas Review-Journal reported that Justice Department attorneys filed papers January 28th demanding the trial involving 11 defendants charged in a scheme to take over the Las Vegas Valley homeowners associations to be held no later than September 2nd. The prosecutors claimed “they have gone out of their way to ease the burden on the defense as they have turned over mountains of evidence in the past year.” However, the defense attorneys allege that they need “at least a year and likely more time” to go through the “more than 3 million pages of documents” and to create a trial strategy, according to German. The defense “asked for an initial late January 2015 trial date.” The case involves charges against “lawyers, former police officers and corrupt board members” for “packing HOA boards to gain legal and construction defect contracts for themselves.” Read the court decision
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Perez Broke Records … But Should He Have Settled Earlier?

February 19, 2024 — Sofya Uvaydov & John F. Watkins - Kahana Feld
In 2021, Mark Perez’ Labor Law 240(1) lawsuit made legal news by breaking the record of the highest appellate-sustained pain and suffering award in New York history. While that record was short-lived, it still maintains its place as New York’s highest-ever pain and suffering award for a brain injury. This January 17th, the Appellate Division, First Department revisited the litigation but, this time, in a dispute between Perez and his then-lawyer, Ben Morelli and the Morelli Law Firm. Mr. Perez claims breach of contract over a 10% additional contingency fee charge related to the Perez v. Live Nation appeal and breach of fiduciary duty by his counsel in failing to convey settlement offers during the lifetime of the case. The Morelli firm counters, among other things, that the prior settlement offers – a $30 million offer during the 2019 trial and intermediate sums during the appellate stage – were still lower than the ultimate $55 million settlement. No harm, Mr. Morelli argues, and thus no foul in failing to convey the offers. But is that so? Did Mark Perez ultimately receive more money in his $55 million settlement than from the $30 million settlement offer mid-trial? Despite the glaring $25 million difference, the surprising calculations show that Perez would have been financially better off taking the $30 million mid-trial settlement. Reprinted courtesy of Sofya Uvaydov, Kahana Feld and John F. Watkins, Kahana Feld Ms. Uvaydov may be contacted at suvaydov@kahanafeld.com Mr. Watkins may be contacted at jwatkins@kahanafeld.com Read the court decision
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Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

December 21, 2020 — Garret Murai - California Construction Law Blog
Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I appreciate this, as it eliminates the back and forth jostling that can sometimes occur when trying to get a trial date. Here’s the kicker though. While I appreciate getting a trial date straight out of the gate. The date I got was . . . wait for it . . . not until 2022! Those who litigate in California state courts know that the courts are understaffed and overworked. But you’ve got to give this un-named court credit for being upfront. Forget the “well, let’s see where this goes” niceties. Trial within a year? Fugetaboutit. Trial within a year and a half. Don’t even think about it. Trial within two years. It’s about as good as you’re going to get. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

December 31, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Sean Whaley of the Las Vegas Review-Journal, “The Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents.” However, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.” Whaley reported that this construction defect case was touted as the largest in Nevada history. Read the court decision
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