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New Jersey Law Journal

'A Confounding Record' Results in Sanctions for Discovery Violations in NJ Fed Court

"The allegations present about as straightforward a breach of contract action as one could imagine: alleged duty, breach, and damages between two parties," U.S. Magistrate Judge Cathy Waldor said. "It is therefore surprising that this case is still active over six years after the filing of the complaint."
4 minute read

Daily Business Review

An Architect's Liability for Others' Work

In the absence of a contractual agreement between the plaintiff and the architect, the general rule that an employer is not liable to the public for the work of its independent contractors will likely shield the architect from vicarious liability for the work of its independent subconsultants, leaving plaintiffs to argue the existence of a nondelegable duty.
6 minute read

Litigation Daily

Expect Some Heated Litigation Over Workplace Temperature Regulations

Jason Mills of Morgan Lewis anticipates that proposed rules to protect workers from the heat will generate strong opposition and legal challenges to them might end up before the U.S. Supreme Court.
9 minute read

The Legal Intelligencer

Pa. Appeals Court Rejects 'Statutory Employer' Challenge to $15.5M Worker Injury Verdict

Mongeluzzi said the panel's holding on the Statutory Employer Doctrine's application was fact-specific, but the doctrine itself is under scrutiny beyond this particular case.
4 minute read

Law.com

United Community Bank Seeks $4.1M in Loan Repayments From Charlotte-Based Housing Developer

Despite notices to the defendants, the bank claims that as of July 23, Nest Homes has failed to make payments consisting of: $4 million in principal fees; $140,399.70 in accrued and unpaid interest; and $5,246.29 in late fees and other charges, and interest continues to accrue at $1,064.32 per day, the complaint said.
2 minute read

The Legal Intelligencer

Public-Private Partnerships: New Opportunities, New Risks

Public-private partnerships (P3s) have long been used globally to finance, build and maintain large infrastructure projects. More recently, P3s have become a trend in the United States as federal, state, and local governments seek innovative solutions to address infrastructure needs amidst a challenging economic environment.
10 minute read

The Legal Intelligencer

Special Section: 2024 Construction Law

In The Legal's Construction Law special section, read about treble and punitive damages in construction defect cases, cost-effective techniques to streamline construction arbitration, and the risks and benefits of public-private partnerships.
2 minute read

The Legal Intelligencer

Cost-Effective Techniques to Streamline Construction Arbitration

To succeed, the parties and their counsel must cooperate before, during, and after the hearings to implement mutually agreeable measures to promote efficiency. Success requires a thoughtful, strategic approach.
8 minute read

The Legal Intelligencer

New Horizons for DBEs: Understanding the Latest USDOT Regulatory Changes

Since the IIJA encourages the expanded use of design-build contracts, the rule prevents these projects from evading DBE participation obligations. Under the rule, design-builders submitting proposals on projects funded by the IIJA (or other applicable funding sources) must include a DBE performance plan. The contracting entities must monitor "good faith efforts" to comply with the plan and schedule.
7 minute read

Daily Business Review

Cole, Scott & Kissane Keeps Transitioning More Resources Into Construction As Tort Reform Changes Loom

With the volume of insurance litigation threatened throughout Florida and construction practices booming, lawyers at the historically insurance-defense-focused firm are working to be cross-trained to fit into the construction practice.
4 minute read

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