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Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

by Clark Hill PLC on

Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

Arbitrate, don't surrender!

by Thomas Valkenet on

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Local Air District Rule Requiring Development Sites To Reduce Amount Of Pollutants Emitted Not Preempted By The Clean Air Act

National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District, No. 08-17309, (9th Cir., December 7, 2010) In NAHB v. San Joaquin Valley UAPCD, the United States Court of Appeal for the...more

Because of Federal Preemption, Project Owner Cannot Seek Indemnity from Architect for Failure of Design To Meet Fair Housing Act...

by Reed Smith on

The United States Court of Appeals for the Fourth Circuit recently held that federal preemption precluded a project owner from seeking indemnity from its architect based upon the failure of the architect's design to meet the...more

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