In an opinion filed July 3, 2014, the California Supreme Court provided some clarification to California law concerning an architect’s liability to foreseeable third-party purchasers of residential units for design errors and omissions. In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (July 3, 2014) ____Cal.4th ____; 2014…
Gravel2Gavel Construction & Real Estate Law Blog
Demolition For Sacramento Kings New Arena Scheduled To Commence By Month End
UPDATE: Sacramento Business Journal, March Madness coming to Sacramento for the first time since 2007 (Nov. 17, 2014) ~ The Sacramento Business Journal confirmed that “[o]n Monday, the National Collegiate Athletic Association said Sacramento will host the first two rounds of the 2017 Division I Men’s Basketball Tournament in the…
New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations
Today, Pillsbury attorneys Julia Judish and Teresa Lewi published their advisory titled New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations. The Advisory discusses the Equal Employment Opportunity Commission’s recent overhaul of its guidance on pregnancy discrimination issues–broadening anti-discrimination coverage and cautioning employers on their obligation to provide reasonable accommodations to…
Texas Court Upholds Arbitration Award in Bitterly-Disputed South Texas Oil and Gas Contamination Dispute
The First Court of Appeals, sitting in Houston, has affirmed the decision of an arbitration panel which had ruled in favor of the claims for personal injury and property damages resulting from Forest Oil Corporation’s oil and gas exploration and production activities on the McAllen Ranch in South Texas. The…
Texas Court of Appeals rules that courts have no jurisdiction over agency’s refusal to promulgate new rules, and sidesteps discussion on the public trust doctrine
The Austin Court of Appeals issued an interesting ruling on whether the courts in Texas have the power to review an agency’s refusal to engage in rulemaking. In Texas Commission on Environmental Quality v. Bonser-Latin, et al., the Court of Appeals agreed with TCEQ that the lower court had no…
Operative August 28: Revised Missouri Public Prompt Payment Act
On June 20, 2014, Missouri Governor signed into law Senate Bill 529. The Act revises and expands the scope of the Missouri Public Prompt Payment Act and the law relating to public works projects. The revised provisions are operative August 28, 2014. Of note, under existing law, all public works…
New Federal Advisory Act Ruling: Court Finds Advisory Committee Report “Suspect and Untrustworthy”
Judge Richard J. Leon of the US District Court for the District of Columbia has ruled that a federal advisory committee appointed by the FDA to issue a report consistent with the agency’s new authority over the sale of tobacco products was illegally constituted. Three of the voting committee members…
Operative July 18: Revised Nebraska Construction Prompt Pay Act
In mid-April 2014, Nebraska Governor signed into law Legislative Bill 961. Of note, it includes revisions to the Nebraska Construction Prompt Pay Act. The Act is set forth in Nebraska Revised Statutes §§ 45-1201 to 45-1210 and Section 8 of L.B. 961. The revised provisions are operative July 18, 2014.…
DC Circuit Affirms $72 Million Adverse Judgment Against Volvo Powertrain
In a decision released Friday in the case of United States of America v. Volvo Powertrain Corp., the DC Circuit affirmed the lower court’s decision finding that a Consent Decree entered into by several engine manufacturers to settle civil complaints that they had violated federal law by equipping certain engines…
7th Circuit Declines To Step Into Carp Controversy
The Seventh Circuit, in the case of State of Michigan, et al. v. US Army Corps of Engineers and the Metropolitan Water Reclamation District of Greater Chicago, once again denied a request by five states bordering on Lake Michigan seeking an injunction against the Corps and the Water Reclamation District.…