Bankruptcy case resembles Hollywood movie plot
Over the past century technological advancements have brought untold benefits to our society. Computers and electronic information have made life easier and faster and have increased productivity. They have changed the way businesses operate...
New state immigration laws are impacting the construction industry
State Immigration Law Reform: it all started with Arizona’s controversial immigration bill, the “Legal Arizona Workers Act.” We watched while this law was hotly debated--chiefly because many view immigration enforcement as within the purview...
Collapse of the World Trade Center Brings Modifications to High Rise Building and Fire Codes
Not infrequently we are asked about the impact of the September 11, 2001, terrorist attacks, and the consequent collapse of three high rise structures at the World Trade Center, on the construction industry in the...
Tennessee legislature clarifies foreclosure requirements
Recent revisions to Tennessee law have clarified the information required to be included in the contents of a notice of foreclosure. Previously, Tenn. Code Ann. § 35-5-104(a)(2) required the notice of foreclosure to “[d]escribe...
Kentucky Supreme Court Adopts the Economic Loss Doctrine
Owners, contractors, and subcontractors take care. In Kentucky, claims against suppliers for product defects are legally limited to the parties’ contract and warranties. On June 16, 2011, the Kentucky Supreme Court joined the majority...
Lenders not always protected by equitable subrogation
Very soon the Kentucky Supreme Court will publish its April 21, 2011 opinion limiting the applicability of equitable subrogation by lenders against taxing authorities. In the consolidated appeal of Wells Fargo Bank, Minnesota N.A...
New "Green Codes" gain momentum
The State of Maryland recently passed legislation enabling local jurisdictions to adopt the International Green Construction Code (also known as the Green Code) as a requirement for new construction in that state, to be...
Supreme Court rejects federal common law nuisance claims for greenhouse gas emissions
In a unanimous 8-0 decision this morning, the United States Supreme Court found that the EPA’s authority to regulate greenhouse gases under the Clean Air Act, 42 U.S.C. § 7401 et seq., displaces alleged...