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Asbestos Construction Industry

BCLP

Demolished by the CMA - collusion in the demolition industry

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On 23 March 2023 the UK Competition and Markets Authority (‘CMA’) issued an announcement that it has issued fines totalling nearly £60m to 10 construction firms for illegally colluding to rig bids for demolition and asbestos...more

Holland & Knight LLP

Distrito publica Guía para manejo de Asbesto en Colombia

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Recientemente el Distrito publicó la Guía de buenas prácticas para el manejo y prevención de riesgos asociados a la exposición de los materiales y residuos con contenido de asbesto en Colombia. La Guía es un documento de...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2021

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First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Alabama Department of Environmental Management and Shelby County, Alabama, Research Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and National Carbon Capture Center (“Capture Center”) entered into a February 13th Consent Order (“CO”) addressing alleged violations of the Admin. Code related to...more

Parker Poe Adams & Bernstein LLP

OSHA Can Cite Landlords for Improper Asbestos Removal

The Occupational Safety and Health Act generally requires employers to mitigate exposure of their own employees to workplace hazards. In limited circumstances, companies can be cited for OSHA violations even if the only...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Miles & Stockbridge P.C.

Should the Jury Be Allowed to Infer Product Identification in Maryland Asbestos Cases?

On March 4, 2019, the Court of Appeals of Maryland heard oral argument on an appeal from a $7.28 million jury verdict in favor of Plaintiffs William Busch and his wife Kathleen against the asbestos settlement trust...more

Patrick Malone & Associates P.C. | DC Injury...

$29 million jury verdict in talc case underscores need for asbestos regulation

Although research has shown that asbestos can cause cancer and other harmful illnesses and the federal government has sought to limit and even ban its use, yet another sizable judgment in a tainted talc case and the discovery...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

White and Williams LLP

Florida Decides Against Adopting Daubert

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In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Arkansas Department of Environmental Quality and Russellville, Arkansas Construction Firm Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Curtis Construction, Inc. (“CCI”) entered into a May 24th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas Pollution Control and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Environmental Quality Office of Air Quality: Quarterly Newsletter (Spring 2018)

The Arkansas Department of Environmental Quality (“ADEQ”) published the Spring 2018 edition of its quarterly newsletter (“Newsletter”). The Newsletter identifies and summarizes a variety of issues and developments related...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Cement Pipe: April 25th U.S. Environmental Protection Agency Federal Register Notice Addressing Proposed Alternative Work...

The United States Environmental Protection Agency (“EPA”) in an April 25th Federal Register notice requests comment on an Alternative Work Practice (“AWP”) to: . . . use new technology and work practices developed for...more

Saul Ewing LLP

Salvaged Materials to Pay Lien Claimants

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A recent case before the New Jersey Appellate Court held that funds obtained from salvaged materials can be used to pay lien claimants. The case, NRG REMA LLC v. Creative Environmental Solutions Corp., (2018 WL 1937282)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Alabama Department of Environmental Management Issues Administrative Order to Marietta, Georgia Construction...

The Alabama Department of Environmental Management (“ADEM”) issued an Administrative Order (“AO”) to Cork-Howard Construction Company, Inc. (“CHCC”). See Administrative Order No.: 18- ____-AP. CHCC is described as a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Arkansas Department of Environmental Quality and Jonesboro, Arkansas Construction Firm Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shannon Kee Construction, LLC (“SKC”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

Troutman Pepper

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

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City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Holland & Knight LLP

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

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The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Robinson+Cole Construction Law Zone

Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work

In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract.  However, when a dispute arises the contract generally dictates the outcome of that dispute.  A recent...more

Burr & Forman

Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.

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In C and H Electric, Inc. v. Town of Bethel, 312 Conn. 843 (2014), the Connecticut Supreme Court held that a Contractor’s claims against a Town for delay damages could not overcome the “no damages for delay” clause because...more

BakerHostetler

District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope

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Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification...more

Foley & Lardner LLP

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

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How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10...more

Polsinelli

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

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On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

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