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DIRECTORY AND CAPABILITIES

Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

November 11, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case. Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitality and lifestyle company with nightlife and restaurant venues, in addition to other celebrity defendants. Plaintiffs were the victims of a shooting that occurred by an unknown individual(s) outside and near the restaurant/venue owned by BWB&O’s clients. Plaintiffs alleged it was BWB&O’s clients that were responsible for the third parties’ criminal acts because BWB&O’s clients attracted more people than the venue’s capacity, causing people to occupy the street, sidewalk, and property nearby. Plaintiffs further alleged that BWB&O’s client should have anticipated or known that criminal conduct, including gun violence, would take place. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

March 29, 2021 — Peter Reina - Engineering News-Record
The U.K. subsidiary of Bechtel Inc. has lost its legal challenge against the owner of the U.K. London-Birmingham high-speed railroad project, HS2, over its failed bid for a roughly $140-million Construction Partner (CP) contract in early 2019. Reprinted courtesy of Peter Reina, Engineering News-Record Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

April 13, 2020 — Masaki J. Yamada - Ahlers Cressman & Sleight Blog
The Governor’s Stay Home, Stay Safe Order mandates that essential businesses must establish and implement social distancing and sanitation measures established by OSHA and the WA State DOH:

• OSHA and the OSHA Guidelines for Employers;
• Washington State DOH (referring to the CDC guidance).

With construction work continuing on essential construction projects, some jurisdictions, such as the City of Seattle, are taking additional steps to enforce and oversee the establishment and implementation of updated Health and Safety plans on construction projects. The City of Seattle’s Mayor Jenny Durkan announced yesterday a two-day temporary suspension of Public Works construction beginning on Thursday, April 9th, to conduct health and safety training for workers and update protocols. The announcement may be viewed here. The City of Seattle also sent a letter in this regard and asked all contractors and owners provide project-specific responses to the Washington Building Trades COVID-19 Construction Industry Emergency Requirements. Herein are the links to the letter and attached requirements. Read the court decision
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Reprinted courtesy of Masaki J. Yamada, Ahlers Cressman & Sleight
Mr. Yamada may be contacted at masaki.yamada@acslawyers.com

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Enhanced Geothermal Energy Could Be the Next Zero-Carbon Hero

June 10, 2024 — Sidney L. Fowler, Robert A. James & Clarence H. Tolliver - Gravel2Gavel Construction & Real Estate Law Blog
Hydrogen, solar, wind—and even microwave beams from outer space—are a few of the alternative energies being explored as the world strives to cut the cord on carbon emissions. Recently, advancements in geothermal energy technologies appear poised to significantly expand geothermal’s reach. These new methods, varyingly referred to as enhanced, engineered or advanced geothermal systems (collectively referred to here as EGS), have recently made strides in scalability and grabbed the attention of changemakers. If successful, EGS may play a major role in the clean energy transition. The technique creates no emissions and is virtually limitless (it pulls from heat generated by the Earth’s core), and can provide constant baseload power, making it appealing to green-minded investors. This article calls attention to the progress and variety of EGS projects and proposals that Pillsbury sees as part of the ongoing energy transition. People have long been drawn to geothermal energy, with Paleo-Americans settling at hot springs some 10,000 years ago. In 1892, Boise, Idaho, became the first town to establish a district heating system that piped naturally occurring hot water from underground and into homes. It would take another 70 years for other cities to replicate the feat, but now 17 U.S. districts use such systems, along with dozens more worldwide. Reprinted courtesy of Sidney L. Fowler, Pillsbury, Robert A. James, Pillsbury and Clarence H. Tolliver, Pillsbury Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Mr. Tolliver may be contacted at clarence.tolliver@pillsburylaw.com Read the court decision
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California Makes Big Changes to the Discovery Act

March 04, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Beginning January of 2024, California amended the Civil Discovery Act to mirror the Federal Rules and require that any party appearing in a civil action to provide initial disclosures to any other party demanding the same. In January of 2024, California amended the Civil Discovery Act, specifically C.C.P. section 2016.090, to affirmatively require that any party appearing in a civil action to provide initial disclosures to any other party demanding the same. In an effort to reflect the Federal Rule 26 disclosure requirements, as many other States have adopted, California will now also mandate (upon demand) that a party produce evidence without an arduous and possibly duplicative effort. In other words, this initial disclosure will require a party making initial disclosures of persons or records to additionally disclose persons or records that are relevant to the subject matter of the action and to disclose information and records regarding insurance policies or contracts that would make a person or insurance company liable to satisfy a judgment. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions

February 23, 2017 — Adam P. Handfinger & Meredith N. Reynolds – Peckar & Abramson, P.C.
Yesterday, February 16, 2017, media outlets reported a nationwide strike by immigrants and businesses referred to as “A Day Without Immigrants”. The protest, organized largely through social media, was a response by some to the Trump Administration’s immigration and foreign trade policies. Participating businesses shut down and immigrants refused to work or spend money in an eff ort to demonstrate the role of foreign-born workers in the U.S. economy. While the number of businesses and individuals that participated is not yet known, several contractors reported labor shortages and construction project delays or temporary shut downs as a result of the protest. Reprinted courtesy of Adam P. Handfinger, Peckar & Abramson, P.C. and Meredith N. Reynolds, Peckar & Abramson, P.C. Mr. Handfinger may be contacted at ahandfinger@pecklaw.com Ms. Reynolds may be contacted at mreynolds@pecklaw.com Read the court decision
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Hawaii Federal District Court Rejects Bad Faith Claim

November 30, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court for the district of Hawaii rejected the insured's argument that the insurer acted in bad faith because the insured had to contribute to a settlement of the underlying case. Hanover Ins. Co. v. Anova Food, LLC, 2016 U.S. Dist. LEXIS 146114 (D. Haw. Oct. 21, 2016). After a prior round of briefing, the court determined that Hanover had a duty to defend, but rejected Anova's claim for pre-tender fees. 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

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Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid

March 27, 2019 — Jesse Howard Witt - The Witt Law Firm
Today, the Colorado Court of appeals reversed a order that had deemed a homeowner association’s lien to be spurious. The case arose after a developer approved a property owner’s application to annex additional real estate to a community in 1999. Several years later, the developer repurchased the property through a foreclosure sale. Despite its prior approval of the annexation, the developer refused to pay community maintenance assessments, which prompted the association to record a lien under its covenants and a statutory provision of the Colorado Common Interest Ownership Act (CCIOA). The parties remained in a standoff until 2016, when the Colorado Supreme Court announced two decisions that adopted a stricter standard for annexing property into communities subject to CCIOA. Relying on this new authority, the developer at Stroh Ranch argued that the 1999 annexation was no longer valid. The district court agreed and declared the association’s lien to be spurious. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at www.witt.law Read the full story... Read the court decision
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