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DIRECTORY AND CAPABILITIES

Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

January 21, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 31, 2024) - Days after obtaining an Appellate Division victory affirming a “no cause” jury verdict, Newark Partner Afsha Noran and Managing Partner Colin Hackett obtained a second appellate court victory affirming a trial court's dismissal of a complaint against another firm client, a general contractor. The team had previously obtained summary judgment at the trial level on the grounds plaintiff could not establish a prima facie case against the client. The plaintiff appealed the grant of summary judgment and dismissal of her claim to the Appellate Division. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Court Upholds $68M Jury Award Over 2021 Fatal Fall in Philadelphia

January 28, 2025 — Richard Korman - Engineering News-Record
A Pennsylvania Supreme Court judge has reaffirmed a $68.5-million jury verdict in a wrongful death case brought by the wife and child of an immigrant siding-installation worker who fell to his death while working on a small Philadelphia apartment project in late 2021. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record

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Higgins, Hopkins, McLain & Roswell, LLC Announces Leadership Changes and New Vision for Growth

January 21, 2025 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership to serve as “Of Counsel,” continuing her vital work with clients and strengthening relationships that have been the cornerstone of HHMR’s success. Her tireless contributions since the firm’s inception have helped establish HHMR as a leader in Colorado’s construction law landscape. “Sheri has been a pillar of HHMR since day one. Her commitment to our clients and her unwavering dedication to the firm’s success have left an indelible mark. We are excited for her to continue contributing her expertise and leadership in this new capacity,” said David McLain at the firm’s recent holiday celebration. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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LA Blazes Bolster Case for Wildfire-Tech Investment, VC Clerico Says

February 03, 2025 — Coco Liu - Bloomberg
The Los Angeles wildfires are an unmissable signal for investors to back startups aimed at mitigating and preventing similar disasters in the future, according to venture capitalist Bill Clerico. Clerico, the founder and managing partner of Convective Capital, says there are “huge incentives” to invest in so-called adaptation technologies that can help avoid some of the financial damages now being experienced by homeowners and businesses across the Los Angeles area. The latest estimates for insured losses from the wildfires are now as high as $40 billion. Read the full story...
Reprinted courtesy of Coco Liu, Bloomberg

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Procedural Matters Matter!

December 10, 2024 — Suzanne M. Nicholson - Wilke Fleury
As an appellate practitioner, I am keenly aware that sometimes, a procedural matter can doom what would otherwise be a meritorious issue for appeal. Trial attorneys are well-advised to check and double-check procedural rules and case law governing the issues in their cases. Here’s a few recent developments to be aware of. The record on appeal: electronic recordings now available in Santa Clara County. It should not be news to anyone that it is the appellant’s burden to produce an adequate record for appeal. That includes not just the written submissions to the trial court, but also reporter’s transcripts of all proceedings that could have a substantive impact on your case. If you do not have a court reporter present for your hearing, you will be struck trying your best to get an agreed statement or a settled statement should the case go up on appeal. Believe me, that can be a serious challenge. Any omissions or deficiencies are going to result in presumptions made against the appellant. Read the full story...
Reprinted courtesy of Suzanne M. Nicholson, Wilke Fleury
Ms. Nicholson may be contacted at snicholson@wilkefleury.com

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Start Spreading the News: Appellate Division Case Highlights How Policyholders Should Plead Claims Under New York’s Consumer Protection Statute

March 18, 2025 — Bethany L. Barrese & Michael A. Amato - Saxe Doernberger & Vita, P.C.
When a policyholder feels their insurance claim has been mishandled or denied unfairly, pursuing recovery for the insurer’s bad faith is often front of mind. While many states recognize a common law and/or statutory cause of action for bad faith, the circumstances that constitute bad faith vary amongst jurisdictions. As prescribed in The Rockefeller Univ. vs. Aetna Cas. & Sur. Co., et al.,[1] New York recognizes a claim for breach of the implied covenant of good faith and fair dealing – otherwise known as bad faith – involving three elements of proof: (1) the facts establishing the insurer’s bad faith conduct must be separate from the facts giving rise to the breach of contract claim, (2) the damages sought as a result of the insurer’s bad faith must be distinct from the damages sought in the breach of contract claim, and (3) the facts must demonstrate that the insurer grossly disregarded its policyholder’s interests. Reprinted courtesy of Bethany L. Barrese, Saxe Doernberger & Vita, P.C. and Michael A. Amato, Saxe Doernberger & Vita, P.C. Ms. Barrese may be contacted at BBarrese@sdvlaw.com Mr. Amato may be contacted at mamato@sdvlaw.com Read the full story...

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The Moment of Truth

February 12, 2025 — Aarni Heiskanen - AEC Business
What is the moment of truth of a construction project? It is when an on-site worker enters the jobsite to start doing whatever they plan to do. It is the culmination of a long process that started years ago and the start of a process that will end decades from now. That idea came to mind when I listened to a presentation by Otto Alhava, the CTO of Fira, a Finnish general contractor. He discussed how construction workers are typically not provided the means to do their work optimally. That’s why HVACE installation teams, for example, spend less than 20% of their time on-site on actual installation. The product and material data challenges A critical component that Otto Alhava and other Finnish construction innovators talk about regarding productivity is product and material data flow throughout the design and construction processes. Today, the flow slows down or completely dries up several times over the project life cycle. A good example of this is how we use BIM. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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E I, E I, - OH! What’s in a Name?

April 22, 2025 — Daniel Lund III - Lexology
The United States Eighth Circuit Court of Appeals highlighted the critical importance of precise contractual designations, affirming a district court's ruling against “E&I” Global Energy Services, Inc. on a breach of contract claim against a surety. E&I Global Energy Services, Inc. (E&I) and E&C Global, LLC (E&C), both owned by a single individual, were both eventually involved in a construction project in South Dakota for the Western Area Power Administration (WAPA). E & I served as a subcontractor on the project to the original general contractor. Following the owner’s termination of the original GC, the GC’s surety was tasked with finding a new completion contractor. The resulting tender agreement and completion contract named E&C, not E&I, as the completion contractor. The court notes that E & I eventually served as the de facto completion contractor because “E&C could not obtain a bond required by the contract.” Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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