2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more
Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more
The Court of Appeals of Washington, Division 1 (“Court of Appeals”) in a June 8th opinion affirmed a King County Superior Court’s (“Superior Court”) decision addressing issues involving application of the state’s asbestos...more
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
Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App....more
The Occupational Safety and Health Administration (“OSHA”) issued a May 15th news release stating that it cited two Missouri contractors for allegedly failing to comply with asbestos removal standards while performing...more
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
The Arkansas Department of Environmental Quality (“ADEQ”) and Team Dynamo, LLC d/b/a Domino’s Pizza Little Rock (“Domino’s”) entered into a March 7th Consent Administrative Order (“CAO”). See LIS No. 19-018. The CAO...more
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
In a decision of great importance to property owners, developers, architects, engineers, and contractors, the Massachusetts Supreme Judicial Court (SJC) this morning ruled that the state’s six-year statute of repose, M.G.L....more
The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more
The Tennessee Air Pollution Control Board (“Board”) issued a document titled Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing alleged violations of Tennessee rules related to asbestos. The...more
First in a Three Part Series. As if the threat of local or state licensure investigations is not enough to induce an instant case of irritable bowel syndrome for a contractor that just realized they unwittingly ran afoul...more
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
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
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