Former NYC Condo Empire Executive Arrested for Larceny, Tax Fraud
March 11, 2024 —
Ava Benny-Morrison - BloombergA former New York executive facing lawsuits over the collapse of real estate empire HFZ Capital Group has been arrested in Miami, charged with grand larceny and tax fraud.
Nir Meir, 48, was arrested Monday, a spokesperson for the Miami-Dade Police Department confirmed. Meir was detained on an out-of-state warrant, suggesting his arrest may be the result of an investigation by law enforcement in New York.
A spokesperson for the Manhattan District Attorney’s Office didn’t immediately respond to a request for comment. Meir’s attorney also didn’t immediately respond to an email.
Meir, the former managing principal of HFZ Capital Group, has been battling multiple lawsuits in New York over his involvement in the once-prominent real estate firm. He’s denied wrongdoing.
Read the full story...Reprinted courtesy of
Ava Benny-Morrison, Bloomberg
Haight has been named by Best Law Firms® as a Tier 1, 2 and 3 National Firm in Three Practice Areas in 2024
November 27, 2023 —
Haight Brown & Bonesteel LLPHaight Brown & Bonesteel LLP is listed in the
Best Law Firms® (2024 Edition) with metro rankings in the following areas:
Los Angeles
- Metropolitan Tier 1
- Product Liability Litigation – Defendants
- Metropolitan Tier 3
- Workers’ Compensation Law – Claimants
Orange County
- Metropolitan Tier 1
- Product Liability Litigation – Defendants
Read the full story...
Haight Celebrates 2024 New Partner Promotions!
January 22, 2024 —
Haight Brown & Bonesteel LLPHaight is celebrating new partner promotions in 2024. Congratulations to Gary LaHendro, Melvin Marcia and Philip McDermott!
Gary LaHendro became a member of the California State Bar in December 1993. He is a member of the Risk Management & Insurance Law Practice Group. He focuses his practice on insurance coverage and bad faith litigation. Gary’s clients include carriers within the United States and London Markets for whom he has provided coverage advice on various lines of coverage, including commercial general liability, excess, errors and omissions, auto, and representations and warranties. Gary also monitors the defense of insureds with respect to third-party lawsuits. In addition to coverage work, Gary has over 20 years of litigation experience as lead defense counsel on cases involving soil and groundwater contamination, professional liability, construction defect and personal injury cases. He is also a skilled appellate attorney and Certified Mediator.
Melvin Marcia became a member of the California State Bar on June 1, 2016. Melvin is a member of the firm’s Transportation Law, General Liability, Product Liability and Fire Litigation Practice Groups. His practice focuses on litigation of high value cases, ranging from catastrophic injury, wrongful death, premises liability, business disputes, product liability, uninsured/underinsured arbitrations and subrogation matters.
Read the full story...Reprinted courtesy of
Haight Brown & Bonesteel LLP
Michael Baker Intl. Settles Federal Pay Bias Allegations
February 26, 2024 —
James Leggate - Engineering News-RecordMichael Baker International Inc. agreed to pay $122,299 in back wages as part of an agreement with the U.S. Dept. of Labor to resolve allegations that the engineer-consultant paid women in four job titles less than their male counterparts.
Reprinted courtesy of
James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com
Read the full story...
Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule
January 16, 2024 —
Ryan Bennett - The Subrogation StrategistIn a matter of first impression, the Supreme Court of Wyoming (Supreme Court), in West American Insurance Company v. Black Dog Consulting Inc., No. S-23-0052, 2023 WY 109, 2023 Wyo. LEXIS 111, examined whether a landlord’s insurer could pursue a subrogation claim against a tenant who caused a fire loss. The Supreme Court, applying a case-by-case approach, found that the insurer could not subrogate against the tenant.
West American Insurance Company (West) insured Profile Properties (Profile), which owned commercial property in Cheyenne, Wyoming. Black Dog Consulting Inc., d/b/a C.H. Yarber (Yarber) leased commercial space from Profile where it operated a metal fabrication business. The lease agreement between Profile and Yarber required Yarber to pay the full expense of Profile’s blanket insurance policy, which included general commercial liability insurance and fire and extended coverage insurance on the building.
Read the full story...Reprinted courtesy of
Ryan Bennett, White and Williams LLPMr. Bennett may be contacted at
bennettr@whiteandwilliams.com
Just How Climate-Friendly Are Timber Buildings? It’s Complicated
February 12, 2024 —
Eric Roston - BloombergThis article is part of the Bloomberg Green series Timber Town, which looks at the global rise of timber as a low-carbon building material.
The number of people living in urban areas around the world
will swell by upwards of 2 billion over the next three decades. Many of those people will need new homes. But building those with conventional materials would unleash a gusher of carbon dioxide: Concrete, steel, glass and bricks for construction make up a combined
9% of global CO2 emissions, according to research by the United Nations Environment Program.
Enter engineered wood, a seemingly no-brainer solution.
Mass timber is not the typical lumber that has structured single-family houses in North America for decades. The wood components are strong enough to hold up an office tower or apartment block, and building with them is thought to emit much less CO2 than using standard materials. And since wood is about 50% carbon, the material itself even stores a little carbon, to boot.
Read the full story...Reprinted courtesy of
Eric Roston, Bloomberg
Environmental Justice Update: The Justice40 Initiative
April 29, 2024 —
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law BlogSoon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating to environmental justice and the plight of “disadvantaged communities” that are overwhelmed by many environmental threats. Section 223 of the Order describes the President’s “Justice40 Initiative,” which is designed to ensure that 40% of Federal benefits flow to disadvantaged communities through an “all of government approach.” There is a recognition that some disadvantaged communities lack the personnel and resources to take advantage of this Initiative, so technical training funds will be made available. The Order establishes new offices throughout the Federal bureaucracy to handle and expedite environmental justice matters.
The Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ) play a large role in implementing the Initiative by issuing appropriate guidance and assisting the Federal agencies to locate, among the thousands of programs they supervise, suitable programs that will assist disadvantaged communities. At last count, 518 Federal programs administered by 19 distinct Federal agencies could be a good source for the resources needed by disadvantaged communities to cope with air and water pollution and solid waste issues. Direct grants will be made in many cases, and other programs require the community to apply for the funds promised by the Executive Order. In addition, the Order requires participating Federal agencies to assess the value and effectiveness of the benefits bestowed. OMB and the CEQ have issued guidance documents and conducted many meetings with key personnel and members of the disadvantaged communities.
Read the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
First Circuit Limits Insurers’ Right to Recoup Defense Costs or Settlement Payments
April 02, 2024 —
Eric Hermanson, Austin Moody & Victoria Ranieri - White and Williams LLPWeighing in on an issue that has divided courts nationwide, the U.S. Court of Appeals for the First Circuit has ruled that an insurer under Massachusetts law has no right to recoup defense costs, or amounts the insurer pays in settlement – even if the insurer reserves rights prior to payment and obtains a ruling, after the fact, that no defense or indemnity was owed. Berkley Natl. Ins. Co. v. Atlantic-Newport Realty LLC, No. 22-1959, 2024 U.S. App. LEXIS 4115 (1st Cir. Feb 22, 2024) (“Granite Telecomm"). However, the First Circuit rested its ruling on narrow procedural grounds, which may prolong the controversy rather than resolve it.
The insureds in Granite Telecomm owned a company cafeteria. They were sued by a food service worker who suffered a foot infection after being exposed to bacteria during a sewage backup. They sought coverage from their insurer, Berkley. Berkley argued that coverage was barred by a fungus and bacteria exclusion in the policy. The insureds disagreed. They threatened suit under M.G.L. ch. 93A, and demanded that Berkley defend the case.
Reprinted courtesy of
Eric Hermanson, White and Williams LLP,
Texas Court Requires Insurer to Defend GC Despite Breach of Contract ExclusionProperly Trigger the Performance BondWarranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed CondominiumsWhite House Seeks $310M To Fix Critical
Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability
U.S., Canada, Mexico Set New Joint Clean-Energy Goal
President Obama Vetoes Keystone Pipeline Bill
ISO Proposes New Designated Premises Endorsement in Response to Hawaii Decision
Rising Construction Disputes Require Improved Legal Finance
Economic Loss Rule Bars Claims Against Manufacturer
Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms
Is Arbitration Final and Binding?
Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats
Alabama Court Determines No Coverage For Insured's Faulty Workmanship
Affordable Housing should not be Filled with Defects
Engineer Proposes Slashing Scope of Millennium Tower Pile Upgrade
Battle of “Other Insurance” Clauses
The Impact of the IIJA and Amended Buy American Act on the Construction Industry
Addressing the Defective Stucco Crisis
ASCE Statement on EPA Lead Pipe and Paint Action Plan
Embattled SNC-Lavalin Files Ethics Appeal, Realigns Structure
Canada Cooler Housing Market Boosts Poloz’s Soft Landing
Quick Note: Attorney’s Fees and the Significant Issues Test
Contractor Gets Benched After Failing to Pay Jury Fees
Contracts and Fraud Don’t Mix (Even for Lawyers!)
Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend
Obtaining Temporary Injunction to Enforce Non-Compete Agreement
Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case
Couple Claims ADA Renovation Lead to Construction Defects
Hawaii Building Codes to Stay in State Control
Two Years, Too Late: Time-Barred Hurricane Loss is Timely Reminder to Insureds
Ninth Circuit Construes Known Loss Provision
Builder Waits too Long to Dispute Contract in Construction Defect Claim
US Appeals Court Halts OSHA Vaccine Mandate, Unclear How Long
Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule
Adaptive Reuse: Creative Reimagining of Former Office Space to Address Differing Demands
New Jersey School Blames Leaks on Construction Defects, May Sue
Contract Construction Smarts: Helpful Provisions for Dispute Resolution
What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy
Florida trigger
Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage
Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis
City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished
Concrete Worker Wins Lawsuit and Settles with Other Defendant
Construction Defect Bill Removed from Committee Calendar
Construction Defect Case Not Over, Despite Summary Judgment
Quick Note: Insurer Must Comply with Florida’s Claims Administration Act
Wilke Fleury Celebrates the Addition of Two New Partners
Structure of Champlain Towers North Appears Healthy
Texas Central Wins Authority to Take Land for High-Speed Rail System
Hawaii Supreme Court Says Aloha to Insurers Trying to Recoup Defense Costs From Policyholders
Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees
Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute