Over 70 Lewis Brisbois Attorneys Recognized in 4th Edition of Best Lawyers: Ones to Watch in America
September 25, 2023 —
Lewis Brisbois(August 17, 2023) – 75 Lewis Brisbois attorneys across 25 offices have been named to the 4th edition of
"Best Lawyers: Ones to Watch in America." Congratulations to the following attorneys on this recognition!
You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 30th edition of
The Best Lawyers in America here.
Akron, OH
- Associate Meleah M. Skillern – Commercial Litigation
Atlanta, GA
- Partner Candis R. Jones - Insurance Law, Medical Malpractice Law – Defendants, and Personal Injury Litigation – Defendants
Boston, MA
- Partner Amanda Mathieu - Labor and Employment Law – Management
Charleston, WV
- Partner Sophie L. Johns - Product Liability Litigation - Defendants
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Lewis Brisbois
GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute
December 17, 2024 —
Robert A. Bragalone & B. Ryan Fellman - Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani Partner Bob Bragalone and Senior Counsel Ryan Fellman won a complete summary judgment on behalf of five board members who had been added to an HOA dispute by the defendant homeowners. The GRSM team resolved the matter within just 60 days of taking over the case, bringing an end to a legal battle that had lasted more than four years.
The dispute began when the HOA, as plaintiff, filed suit against the homeowners in Denton County District Court. The HOA alleged that the homeowners had violated the HOA’s Covenants, Conditions, and Restrictions by constructing a non-conforming carport and sought a declaratory judgment to resolve the issue. In response, the homeowners filed a counterclaim and third-party petition, adding the individual HOA board members to the lawsuit. They accused the board members—who were serving in a voluntary capacity—of mishandling the dispute and filed claims against them for intentional infliction of emotional distress, negligence, and gross negligence.
Reprinted courtesy of
Robert A. Bragalone, Gordon Rees Scully Mansukhani and
B. Ryan Fellman, Gordon Rees Scully Mansukhani
Mr. Bragalone may be contacted at bbragalone@grsm.com
Mr. Fellman may be contacted at rfellman@grsm.com
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U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts
June 11, 2014 —
Earl Forte – White and Williams LLPOn June 9, 2014, the Supreme Court of the United States issued its much-awaited decision in Executive Benefits Insurance Agency v. Arkison, Chapter 7 Trustee of Estate of Bellingham Insurance Agency, Inc., Case No. 12-1200, in which the court confirmed that the power of the nation’s bankruptcy courts to hear and decide cases involving state-created private rights in which the bankruptcy proof of claim process has not been directly invoked, is severely limited by Article III of the Constitution of the United States.
The decision in Executive Benefits, while providing some clarity to practitioners and the public following the Court’s June 2011 decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), nevertheless will make a substantial portion of bankruptcy litigation matters more cumbersome and potentially more expensive to guide through the bankruptcy system. Clients and practitioners are best advised to hire knowledgeable counsel to help navigate the more complex procedural waters created by this decision.
Although the Court in Executive Benefits did resolve a pending procedural question that had dogged practitioners since Stern was decided in 2011, the Court’s decision in Executive Benefits now makes it abundantly clear that many disputes that were previously heard and decided in the nation’s bankruptcy courts can no longer be decided there and must be submitted to the district courts for full de novo review and entry of a final judgment or order. It is difficult to see how this decision will not make bankruptcy litigation more cumbersome and expensive by adding an additional layer of judicial involvement to many matters, notably to fraudulent transfer and other avoidance “claw back” actions that historically have been decided in the bankruptcy courts and used famously in Madoff and other cases as an efficient device for creating value for creditors.
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Earl Forte, White and Williams LLPMr. Forte may be contacted at
fortee@whiteandwilliams.com
Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate
May 10, 2021 —
Victoria Judd, Sidney L. Fowler & Robert G. Howard - Gravel2Gavel Construction & Real Estate Law BlogHydrogen is the new buzzword in every industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and could therefore help reduce the climate impact of buildings, which in aggregate represent one of the biggest emitters of greenhouse gases after industry and surface transport. To the extent that hydrogen is to become an important power source globally, it will need to enter the domestic power market. The first step appears to be the development of pilot villages.
In the UK, there are several hydrogen trials in uninhabited properties or in closed private networks. There are some uninhabited houses on a Royal Air Force base in Cumbria that are exclusively heated with hydrogen and also a private gas network at Keele University which uses 20 percent hydrogen blended with natural gas. In addition, there is a small village near Newcastle that is being used as a test case: for a period of 10 months starting in spring 2021, up to 20 percent hydrogen will be blended into the natural gas network so that more than 650 homes can be partially heated by hydrogen. It is expected that a small number of additional villages will be able to heat their homes with 100 percent hydrogen as soon as 2022, with a scale up to have a hydrogen town by 2030.
Reprinted courtesy of
Victoria Judd, Pillsbury,
Sidney L. Fowler, Pillsbury and
Robert G. Howard, Pillsbury
Ms. Judd may be contacted at victoria.judd@pillsburylaw.com
Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com
Mr. Howard may be contacted at robert.howard@pillsburylaw.com
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Best Lawyers® Recognizes 43 White and Williams Lawyers
September 07, 2020 —
White and Williams LLPThirty-three White and Williams lawyers were recognized in The Best Lawyers in America© 2021. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.
In addition, ten associates were recognized as "Ones to Watch” by Best Lawyers®. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States.
We are also pleased to announce two
White and Williams partners have been named Best Lawyers® 2021 "Lawyer of the Year" in Philadelphia – Edward F. Beitz, Medical Malpractice Law – Defendants and William J. Taylor - Construction Law. Read the court decisionRead the full story...Reprinted courtesy of
White and Williams LLP
The Unthinkable Has Happened. How Should Contractors Respond?
May 11, 2020 —
Bruce Orr - AEC BusinessAny construction veteran expects the economy to contract and expand. However, the global pandemic presents contractors with a challenge unlike any in recent memory.
How should they respond in an environment of such uncertainty? For some perspective, I chatted with Dr. John Killingsworth, a construction management professor at Colorado State University who has conducted extensive research on how contractors can weather economic downturns.
BRUCE ORR: John, let’s say you’re in IT or are a c-suite executive at a contracting firm. This event has occurred. What are some of the questions you should be asking right now?
JOHN KILLINGSWORTH: For starters, we have to acknowledge that the uncertainties are so tremendous that many contractors have no choice but to be reactive in the short term. They’re literally not sure whether particular job sites will be open or closed tomorrow or whether they’ll go to work next week. They’re also looking at predictions—from highly qualified statisticians, public health officials and others—that are just all over the map due to the limited nature of the data we have at hand.
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Bruce Orr, AEC BusinessMr. Orr may be contacted at
bruce@pronovos.com
Top Talked-About Tech at the 2023 ABC Joint Tech Summit
May 15, 2023 —
Grace Arnold - Construction ExecutiveAt the
2023 ABC Joint Tech Summit in Tysons Corner, Virginia, on April 27, there was talk, of course, of various construction technologies, including AI, VR, autonomous vehicles, impairment detection, digital twins, blockchains and Spot the Robot Dog. All this different tech, however, was discussed for the same two reasons: safety and efficiency.
While some companies are just discovering the vast uses for and benefits of smart technology in construction, other companies are already well into adoption and implementation. Here is a breakdown of some of the contech showcased at the Joint Tech Summit, which was presented by four ABC chapters: Chesapeake Shores, Greater Baltimore, Metro Washington and Virginia.
AUTONOMOUS MACHINES
The talk of the Tech Summit was Spot the Robot Dog from
Boston Dynamics. Spot can walk, run, crawl, climb stairs and tortuous terrain, right itself from a fall, return to its charging port when its battery runs low and is compatible with a variety of add-ons, like 360 cameras. Spot is controlled via tablet and can be programmed to run on its own, allowing for increased worker and jobsite safety and productivity.
Reprinted courtesy of
Grace Arnold, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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The Murky Waters Between "Good Faith" and "Bad Faith"
September 30, 2019 —
Theresa A. Guertin - Saxe Doernberger & VitaIn honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about the “predatory” practices we’ve encountered recently in our construction insurance practice. The more sophisticated the business and risk management department is, the more likely they have a sophisticated insurer writing their coverage. Although peaceful coexistence is possible, that doesn’t mean that insurers won’t use every advantage available to them – compared to even large corporate insureds, insurance companies are the apex predators of the insurance industry.
In order to safeguard policyholders’ interests, most states have developed a body of law (some statutory, some based on judicial decisions) requiring insurers to act in good faith when dealing with their insureds. This is typically embodied as a requirement that the insurer act “fairly and reasonably” in processing, investigating, and handling claims. If the insurer does not meet this standard, insureds may be entitled to damages above and beyond that which they could otherwise recover for breach of contract.
Proving that an insurer acted in “bad faith,” however, can be like swimming against the riptide. Most states hold that bad faith requires more than just a difference of opinion between insured and insurer over the available coverage – the policyholder must show that the insurer acted “wantonly” or “maliciously,” or, in less stringent jurisdictions, that the insurer was “unreasonable.”
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Theresa A. Guertin, Saxe Doernberger & VitaMs. Guertin may be contacted at
tag@sdvlaw.com
