Fairfield Connecticut Building Expert Directory

Insurers' Communications Through Brokers Not Privileged

April 20, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court granted the insured's motion to compel documents withheld for privilege by the insurers. Certain Underwriters at Lloyd's v. Amtrack, 2016 U.S. Dist. LEXIS 27041(E.D. N.Y. Feb. 19, 2016). Plaintiffs were insurers who did business in the London Insurance Market and who issued one or more liability policies issued to Amtrak. Amtrak demanded coverage under the policies for alleged environmental contamination and/or asbestos exposure. Coverage was denied and the insurers filed for a declaratory judgment. 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

Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

November 23, 2016 — Renata L. Hoddinott & Lawrence S. Zucker II – Haight Brown & Bonesteel LLP
In a case which was the subject of our Alert dated October 31, 2016 (click here for prior alert), the Court of Appeal of the State of California – Second Appellate District on November 17, 2016 issued a modification to the opinion in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) with no change in judgment. In Khosh, the Court affirmed the trial court’s granting of summary judgment in favor of the defendant under the Privette doctrine where plaintiff presented no evidence that the defendant affirmatively contributed to his injuries. Reprinted courtesy of Renata L. Hoddinott, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

July 16, 2014 — Clea Benson and Zachary Tracer – Bloomberg
Ms. Benson may be contacted at cbenson20@bloomberg.net; Mr. Tracer may be contacted at ztracer1@bloomberg.net Private mortgage insurers looking to do business with Fannie Mae and Freddie Mac would have to hold minimum amounts of liquid assets under standards proposed by the companies and their regulator. To back loans packaged into securities by the U.S.-owned mortgage-finance giants, insurers would have to hold liquid assets worth at least 5.6 percent of their risk exposure, and possibly more depending on the quality of the loans they cover, according to the proposal released today by the companies and the Federal Housing Finance Agency. “Mortgage insurance counterparties must be able to fulfill their intended role of providing private capital, even in adverse market conditions,” FHFA Director Melvin L. Watt said in an e-mailed statement. Ms. Benson may be contacted at cbenson20@bloomberg.net; Mr. Tracer may be contacted at ztracer1@bloomberg.net Read the court decision
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Reprinted courtesy of Clea Benson and Zachary Tracer, Bloomberg

'Right to Repair' and Fixing Equipment in a Digital Age

August 30, 2021 — Jeff Rubenstone - Engineering News-Record
When a piece of equipment breaks down on site, rental agreements, subcontractor contracts and other arrangements generally make it clear who gets to open the hood and start tinkering. But heavy equipment made in the last two decades increasingly relies on digital components for many basic functions. Embedded computer systems oversee electronically controlled hydraulics and regulate engine behavior and emissions-control systems. The tools to access these firmware and software systems are not always easy to come by, and in some cases repairs can’t be done without working directly with a manufacturer-approved dealer or technician. Some repairs may require a digital handshake to take effect. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the full story... Read the court decision
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Cape Town Seeks World Cup Stadium Construction Collusion Damages

March 19, 2015 — Janice Kew – Bloomberg
(Bloomberg) -- The City of Cape Town filed a civil damages claim against builders Aveng Ltd., Wilson Bayly Holmes-Ovcon Ltd. and Stefanutti Stocks Holdings Ltd. for colluding on a tender for a stadium built for the 2010 FIFA Soccer World Cup. The claim for at least 428 million rand ($35 million) will be heard in the North Gauteng High Court, Ian Neilson, Cape Town’s executive deputy mayor, said by phone on Monday. The amount claimed is subject to change, he said. Antitrust authorities fined 15 builders, including the trio facing the Cape Town claim, a total of 1.5 billion rand in June 2013 for rigging contracts for projects including the construction of stadiums for the 2010 World Cup hosted by South Africa. Aveng was fined 307 million rand, WBHO 311 million rand and Stefanutti 307 million rand. Read the court decision
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Reprinted courtesy of Janice Kew, Bloomberg
Ms. Kew may be contacted at jkew4@bloomberg.net

Traub Lieberman Partner Lisa M. Rolle Obtains Pre-Answer Motion to Dismiss in Favor of Defendant

August 16, 2021 — Lisa M. Rolle - Traub Lieberman
Traub Lieberman Partner Lisa M. Rolle obtained a motion to dismiss in favor of an international hotel chain. In the case brought before the U.S. District Court, Southern District of New York, the Plaintiff sustained a slip and fall injury in a Portuguese hotel (“Hotel”), which was allegedly caused by violations of building codes and New York and Portuguese negligence laws. The Plaintiff notes that the Hotel utilized the branding affiliated with the international hotel chain, and the named corporate entities are subsidiaries of the parent company of the international hotel chain. Further, Plaintiff alleged that the named corporate entities “owned, operated, maintained, and controlled” the Hotel where the accident occurred, as the international hotel had previously acquired the entity which owned the spa branding utilized. In moving for pre-answer dismissal, Traub Lieberman acknowledged purchase of the managing agent of the Hotel, which became a subsidiary of their operations. However, Traub Lieberman asserted that the international hotel chain had not owned, operated, maintained, or managed the Hotel. Under New York law, parent corporations cannot be held liable for the actions of their subsidiaries, except in cases that support piercing the corporate veil. Traub Lieberman argued that the motion should be granted as a parent company cannot be held liable for acts committed by its subsidiary and further claimed that the parent company has never owned or operated the Hotel. Read the court decision
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Reprinted courtesy of Lisa M. Rolle, Traub Lieberman
Ms. Rolle may be contacted at lrolle@tlsslaw.com

Meet the Forum's Neutrals: TOM DUNN

October 21, 2024 — Marissa L. Downs - The Dispute Resolver
Company: Pierce Atwood LLP Office Location: Boston, MA Licensed in: Massachusetts, Rhode Island, California (inactive) Email: rtdunn@pierceatwood.com Website: https://www.pierceatwood.com/people/r-thomas-dunn Law School: McGeorge School of Law (2004 JD) Types of ADR services offered: Arbitration Affiliated ADR organizations: American Arbitration Association Geographic area served: Massachusetts, Rhode Island, and New England Q: Describe the path you took to becoming an ADR neutral. A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder. Read the court decision
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Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

The Great Skyscraper Comeback Skips North America

February 05, 2015 — Patrick Clark – Bloomberg
Tall buildings are back. Developers around the globe completed a record 97 buildings of at least 200 meters (656 feet) in height in 2014, according to a new report from the Council on Tall Buildings and Urban Habitat, as size-obsessed builders got back on a growth track after a two-year skyscraper dip. It’s not hard to explain the pattern. A typical skyscraper takes two to four years to finish, says report co-author Daniel Safarik. Work back from the year of completion, and the global financial crisis looks like an easy explanation for the drop-off in tall buildings. If you thought it was hard to get a home loan in 2009, imagine asking bankers to finance a gravity-and-wind-defying symbol of luxury, industry, and capitalist will. Especially, as Bloomberg Businessweek’s Bryant Urstadt pointed out, since supertall buildings are notorious for being hard to fill with tenants. (It’s worth noting that “tall” isn’t a technical term, though “supertall,” which is used to describe buildings more than 300 meters tall, is. And construction schedules vary. The Ryugyong Hotel in Pyongyang, North Korea, planned for 330 meters, has been under construction for 28 years, according to a CTBUH report last year.) Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

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