Columbus Ohio Building Expert Directory

Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

November 21, 2018 — Anthony B. Cavender - Gravel2Gavel
On October 26, in the case of Day v. Johns Hopkins Health Sys. Corp., divided panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the District Court’s ruling that the common law “Witness Litigation Privilege” protects an expert witness in a Black Lung Benefits Act benefits proceeding against civil claims that allege a federal RICO violation and Maryland state law claims for fraud, tortious interference, negligent misrepresentation and unjust enrichment attended the testimony of the expert witness. 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

Designer of World’s Tallest Building Wants to Turn Skyscrapers Into Batteries

July 31, 2024 — Will Wade - Bloomberg
The architecture firm that designed the world’s tallest building is considering ways to build skyscrapers that can store energy using gravity. Skidmore, Owings & Merrill LLP has developed a series of prototype designs that use electric motors to elevate massive blocks, creating potential energy that can be converted into electricity when the blocks are lowered. The designs are based on technology developed by partner Energy Vault Holdings Inc. as an alternative to lithium-ion batteries and other types of chemical cells. They are seeking developer partners interested in offsetting greenhouse gas pollution from buildings, which the United Nations estimates are responsible for almost 40% of global emissions. The concept is similar to widely used pumped hydroelectric plants. Energy Vault completed its first major project this month near Shanghai, a stand-alone storage system that can supply as much as 25 megawatts of power for four hours. Other companies are testing new types of gravity storage systems, including ones using abandoned oil wells and mines. Read the court decision
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Reprinted courtesy of Will Wade, Bloomberg

Multiple Occurrences Found For Claims Against Supplier of Asbestos Products

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court found that various claims for bodily injury against a supplier of asbestos products arose from multiple occurrences, increasing indemnity amounts available under the policy. Westfield Ins. Co. v. Continental Ins. Co., 2015 U.S. Dist. LEXIS 45437 (N.D. Ohio April 7, 2015). Mahoning Valley Supply Company (MVS) was sued by numerous claimants who alleged that they had been injured by asbestos-containing products manufactured by third parties, but supplied by MVS. The claimants alleged exposure to asbestos fibers at a variety of job sites, on numerous dates, and under a variety of conditions. Two insurers shared defense and indemnity costs. In 2013, Continental informed MVS that the three policies issued to MVS were nearly exhausted. Therefore, the parties disputed whether MVS' asbestos claims arose out of a single "occurrence" rather than multiple occurrences. The policies defined "occurrence" as "an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured." 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

Doctrine of Avoidable Consequences as Affirmative Defense

January 31, 2018 — David Adelstein - Florida Construction Legal Updates

The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits. This is a defense that does not go to liability, but it goes to damages. This doctrine of avoidable consequences defense holds that a plaintiff cannot recover damages caused by a defendant that the plaintiff could have reasonably avoided . See Media Holdings, LLC v. Orange County, Florida, 43 Fla.L.Weekly D237c (Fla. 5th DCA 2018). Stated differently, if the plaintiff could have reasonably avoided the consequences of the damages caused by the defendant then the plaintiff cannot recover those damages. However, the defendant needs to prove this defense — the burden is on the defendant to establish this defense (ideally through expert testimony).

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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

When Can Customers Sue for Delays?

September 18, 2023 — Scott L. Baker - Los Angeles Litigation Blog
Construction projects are subject to many internal and external factors. Due to this, delays are not an uncommon occurrence. Whether delays are the result of bad weather conditions or supply chain issues, contractors and their clients cannot control every aspect of the project. Delay issues are very common construction disputes. Therefore, new and experienced contractors alike need to know when their clients may have a reason for a delay claim. 2 particular types of delays that pose a risk Common obstacles that contractors faced during the height of the COVID-19 global pandemic involved supply chain issues. The lack of materials put various projects on hold across California and the country. This widespread issue was out of contractors’ and clients’ control, meaning they were excusable delays. Read the court decision
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Reprinted courtesy of Scott L. Baker, Baker & Associates
Mr. Baker may be contacted at slb@bakerslaw.com

A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session (Updated)

August 28, 2023 — Anthony B. Cavender & Alexandra Trahan - Gravel2Gavel Construction & Real Estate Law Blog
This is a brief survey of many of the environmental and regulatory laws passed by the Texas Legislature and signed by the Governor in the 88th Regular Session of the Legislature, which ended in May 2023, although a special session has been called to address lingering matters. Altogether, more than 1,000 laws were enacted in this session, including a surprising number of water-related environmental bills. Water HB1565 relates to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee. Effective 9.1.23. HB1699 relates to the authority of the Evergreen Underground Water Conservation District to impose certain fees. Effective 6.9.23. HB1845 amends Section 37 of the Water Code to add Section 37.0045 relating to the licensing requirements for certain operators of wastewater systems and public water systems. Effective 9.1.23. Reprinted courtesy of Anthony B. Cavender, Pillsbury and Alexandra Trahan, Pillsbury Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Read the court decision
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Limitations: There is a Point of No Return

September 06, 2023 — Amy Anderson - ConsensusDocs
After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost. However, how you document the particular issue likely changes depending on what is in your contract, your position on the project, and the outcome you hope to reach. In reviewing the inefficiency, delay, or cost, one thing to always consider is how long you have to actually recoup damages you may incur if they were caused by another party on the project. In every jurisdiction (state or federal), there is likely to be some outer limit to when you can bring litigation or arbitration against an opposing party to recover damages another party causes to you. This is generally called a statute of limitations or statute of repose, although it goes by other names depending on your state. The length of time will be specific to the locality. For example, in Texas, you have four years to bring a breach of contract claim but only two years to bring a negligence claim. Whether you fall under the two year or four year period may be highly fact intensive, depending on your claims. Do you have a contract directly with the party that is at fault? Is the claim based on your contract or some tort outside of the contract? Read the court decision
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Reprinted courtesy of Amy Anderson, Jones Walker LLP (ConsensusDocs)
Ms. Anderson may be contacted at aanderson@joneswalker.com

Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?

August 10, 2020 — Sergio F. Oehninger & Daniel Hentschel - Hunton Insurance Recovery Blog
Last month we wrote a piece concerning AXA’s agreement to pay COVID-19 related business interruption claims by a group of restaurants in France after a court ruled that the restaurants’ revenue losses resulting from COVID-19 and related government orders were covered under its insurance policies. AXA reportedly has already agreed to pay over 200 COVID-19 related claims. Another European insurer recently made headlines for similar reasons. Despite initially denying liability, Swiss insurance company, Helvetia Insurance, announced that most of its policyholders in the hospitality industry have accepted settlements following coverage disputes for COVID-19 related business interruption losses. The settlements reportedly included policyholders from Switzerland, Austria, and Germany. The positive response from the European insurers appears to have influenced the insurance industry across the continent. For instance, in the U.K., the Financial Conduct Authority announced that it is taking certain insurers to court to seek clarity as to coverage for COVID-19 related losses. In Germany, the government and a group of insurers reached an agreement whereby the government will pay for 70% of business interruption losses for policyholders in the hospitality industry, and the insurers will pay for half of the business interruption losses not covered by the government. Reprinted courtesy of Sergio F. Oehninger, Hunton Andrews Kurth and Daniel Hentschel, Hunton Andrews Kurth Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
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