Iowa Tornado Flattens Homes, Businesses and Wind Turbines
June 17, 2024 —
Annemarie Mannion - Engineering News-RecordBusiness owners and residents are picking up the pieces after a tornado tore through south-central Iowa May 21, devastating the town of Greenfield, about 60 miles southwest of Des Moines, by destroying homes and businesses, toppling MidAmerican Energy Co. wind turbines and damaging the Adair County Memorial Hospital.
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Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com
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Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms TM of 2024 by Construction Executive
July 15, 2024 —
Ahlers Cressman & Sleight PLLCACS is proud to announce that it has once again been ranked among The Top 50 Construction Law Firms in the Construction Executive 2023 rankings.
Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run a more profitable and productive construction business.
Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2023 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2023.
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Newmeyer Dillion Secures Victory For Crown Castle In Years-Long Litigation With City Council Of Piedmont Over Small Cell Wireless Telecommunications Sites
December 30, 2019 —
Newmeyer DillionNewmeyer Dillion, a prominent business and real estate law firm, is pleased to announce that, on November 18, 2019, the City Council of the City of Piedmont unanimously voted to approve the installation of 17 small cell wireless telecommunications sites by Newmeyer Dillion client Crown Castle NG West LLC, the leading provider of shared communications infrastructure in the United States. This victory ends a long-running legal dispute over Crown Castle's small cell wireless network, which was vehemently opposed by Piedmont residents and previously rejected by the City Council, prompting Newmeyer Dillion to bring a lawsuit against the city in 2017.
The dispute began in 2016 when Crown Castle filed an application with the City Council of the City of Piedmont to build nine small cell wireless sites designed to provide critical wireless telecommunications coverage in Piedmont. In October 2017, the Council denied the network, rejecting some of the proposed sites or approving others with onerous conditions.
Newmeyer Dillion's Government, Land Use and Environmental practice group filed a lawsuit on behalf of Crown Castle in the United States District Court for the Northern District of California in November 2017, challenging the Council's decision. Drawing from the language established in the Telecommunications Act of 1996, the lawsuit alleged that Piedmont's ordinances established an unreasonably high bar of approval, unlawfully prohibiting telecommunications services in the city.
The city quickly requested a court-supervised settlement, which was approved by the City Council in December 2018 and allowed Crown Castle to reapply to build 17 small cell wireless telecommunications facilities. The unanimous City Council approval came after extensive mediation work between the two parties.
"We are excited that our years-long efforts have culminated in this major win for Crown Castle, allowing them to build out critical telecommunications infrastructure in the City of Piedmont," said Michael Shonafelt, partner at Newmeyer Dillion. "With the growing national need for robust telecommunications networks that can handle voice communication and modern data demands, approvals such as this are significant, not just for the community the network serves, but for the viability of the national telecommunications network as a whole. Our team is proud to be using our multidisciplinary, business-oriented approach to successfully advise clients navigating these issues."
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, privacy & data security, employment, real estate, construction, insurance law and trial work, Newmeyer Dillion delivers legal services tailored to meet each client's needs. 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.newmeyerdillion.com.
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More on the VCPA and Construction
February 01, 2023 —
Christopher G. Hill - Construction Law MusingsI have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects. A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation of certain design elements post-design. The basic facts of Marcus v Dennis are as follows:
In October of 2018, Defendant Marlene Dennis, the owner of Marlene Dennis Design, LLC (“MDD”), operating out of Virginia, entered into a contract to provide design services and the procurement and installation of certain design elements for the Plaintiffs, Gregory and Jamie Marcus, at their Maryland home. The Marcuses agreed to $175 per hour to Dennis with a cap of a total of $100,000.00 for design consultation and furniture selection and procurement. The Marcuses also agreed that they would pay no more than $250,000.00 for furnishings, rugs, artwork, decorative lighting, and accessories. In November 2020, Dennis sent an invoice for $68,000.00 and informed the Plaintiffs that the total contract fees would be more than the $100,000.00 cap. After paying $124,722.41 in design fees, the Plaintiffs received an invoice for $255,5560.72 in January of 2021. Despite the cap of $250,000.00, the Plaintiffs wired $255,000.00 to Dennis while requesting the backup invoices for the material charges. After much effort and a threat of litigation, the Plaintiffs received documents from Dennis showing that Dennis inflated the costs of the materials prior to passing the costs along to the Marcuses. The Plaintiffs’ home was unfurnished and empty as of April 10, 2021, and the Marcuses had to hire and pay another design team over $85,000.00 to finish Dennis’ work. Needless to say, the Marcuses sued both Dennis and her firm for breach of contract, breach of fiduciary duty, and for violation of the VCPA. Dennis moved to dismiss the Complaint.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch
January 10, 2018 —
Richard W. Brown - SDV BlogArgument before the Court of Appeals has now been scheduled for February 7, 2018, in
Gilbane Building Co. v. St. Paul Insurance, with a long anticipated decision by New York’s highest court to be issued shortly thereafter. In its September 18, 2017 edition, Law360.com highlighted three major cases with significant implications on insurance coverage that will soon be decided by the New York Court of Appeals. Gilbane presents an opportunity for the Court to address the growing number of divergent decisions regarding the prerequisites for qualifying as an additional insured, as it considers an Appellate Division’s holding that a construction manager is not entitled to coverage as an additional insured under a contractor’s policy because the two companies did not enter into a direct contract.
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Richard W. Brown, Saxe Doernberger & Vita, P.C. Mr. Brown may be contacted at
rwb@sdvlaw.com
Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process
February 16, 2017 —
Wally Zimolong – Supplemental ConditionsBecause of my personal political persuasions (pro-freedom) and success in litigating cases against the government and other media about those cases businesses frequently approach me about bringing claims against local governments and agencies for interfering with their Constitutional rights. Actions by local government agencies that could give rise to a Constitutional violation include: treating a developer’s project differently than a similar project, revoking a previously issued zoning or building permit, disqualifying a contractor from bidding on a government contract, retaliating against a business owner for speaking out against the local agency or one of its members, or unnecessarily delaying the issuance of a permit. The Constitutional rights most typically implicated in these cases are those guaranteed by the 5th and 14th Amendments to the United States Constitution. However, the 1st Amendment is also frequently implicated.
Suing a local government agency for violating your Constitutional rights is not easy. However, the federal statute under which the cases are brought, 42 U.S.C. Section 1983, provides for the award of a successful plaintiff’s attorneys fees. This is true even if the Judge or jury awards a mere $1 is damages. Moreover, sometimes there can be a strategic value in the litigation.
This is the first in a series of blog posts exploring claims available to businesses harassed by local government agencies and officials and the challenges inherent in successfully bringing those claims. We will start with a claim for a substantive due process violation.
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com
Is it time for a summer tune-up?
September 20, 2017 —
Christopher G. Hill - Construction Law MusingsFor this week’s Guest Post Friday readers are in for a treat. Lance Godard, founder of The Godard Group, has provided marketing and business development solutions to global law firms for nearly 20 years. He has particular expertise developing strategies that allow lawyers to identify client opportunities, communicate their messages, and grow their practices. Lance has been called a “provocative and engaging leader in the legal profession and social media” and was named one of the “20 Twitterers Lawyers should follow on Twitter.” He is the founder of 22 Tweets, live Twitter interviews with practicing lawyers, which provides a forum for lawyers to tell their story using social media.
The market appears to be picking up. Clients are getting back to work. New opportunities can’t be far behind. What are you doing to find them? To make sure they show up on your radar? To put yourself in a position to see those opportunities that do present themselves, and to land the work when you pitch for it? Maybe it’s time for a marketing tune-up.
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Christopher G. Hill, The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Chambers USA 2021 Ranks White and Williams as a Leading Law Firm
June 07, 2021 —
White and Williams LLPWhite and Williams is once again recognized by Chambers USA as a leading law firm in Pennsylvania for achievements and client service in the areas of insurance law, real estate finance and banking and finance law. The firm has also been recognized for achievements and client service in banking and finance law in Philadelphia and the surrounding area. In addition, five lawyers received individual honors – two for their work in insurance, one for his work in real estate finance, another for her work in bankruptcy and restructuring and one for his work in commercial litigation.
White and Williams is acknowledged for our renowned practice offering exceptional representation to insurers and reinsurers across an impressive range of areas including coverage, bad faith litigation and excess liability. The firm is recognized for notable strength in transactional and regulatory matters, complemented by the team's adroit handling of complex alternative dispute resolution proceedings. Chambers USA also acknowledged the firm's broad trial capabilities, including handling data privacy, professional liability, toxic tort coverage claims, and experience in substantial claims arising from bodily injury and wrongful death suits. White and Williams' cross-disciplinary team is also highlighted, as one source commented that "all advice was reasoned and respectful. They worked well together and provided exceptional representation."
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