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Failure To Maintain

Foster Garvey PC

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part XII – A...

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In this Part XII of my multi-part series on some of the not-so-obvious aspects of S corporations, I explore a consistent theme – taxpayers lose fights with taxing authorities when they fail to maintain adequate records....more

Wiley Rein LLP

FCC Fines Broadcaster $25K for EEO Violations

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A recent fine imposed by the Federal Communications Commission (FCC) underscores how important it is for broadcasters to keep up with their Equal Employment Opportunity (EEO) obligations. On October 16, 2023, the FCC’s...more

Vinson & Elkins LLP

Invest in Texas: A Powerful Defense of Limited Liability

Vinson & Elkins LLP on

Chris Popov and Mike Heidler, partners at Vinson & Elkins, talk through a major opinion from the Texas Supreme Court, their role in the case, and what it means for investors in Texas companies....more

Fox Rothschild LLP

Clearing the Decks While Decking the Halls

Fox Rothschild LLP on

If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

Cozen O'Connor

Nonprofit Landlord Accused Of Keeping Rental Properties In Egregious Disrepair

Cozen O'Connor on

Indiana AG Todd Rokita sued rental property owner Fox Lake AHF, Inc. (“Fox Lake”), a nonprofit, and its rental management company, Aloft Mgt, LLC (“Aloft”), over allegations that they allowed two large apartment complexes...more

Ward and Smith, P.A.

When a Condominium Falls Down

Ward and Smith, P.A. on

Buildings do not last forever. Eventually, gravity and time will prevail over concrete, steel, wood, and glass. The risks associated with that life span are captured well in transactions related to single-family homes and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Tuscaloosa, Alabama, Wood Treatment...

The Alabama Department of Environmental Management (“ADEM”) and KMG-Bernuth, Inc., (“KMG”) entered into a February 10th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code that address hazardous...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property

In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

Perkins Coie on

An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Michigan Auto Law

Carbon monoxide poisoning lawsuit filed on behalf of Hickory Hollow tenant

Michigan Auto Law on

Attorneys file carbon monoxide poisoning lawsuit for tenant injured by broken down boilers and inadequate ventilation - A lawsuit was filed this week to protect a tenant of an apartment complex in Michigan who suffered...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 311/SPCC Clean Water Act Enforcement: U.S. Environmental Protection Agency and Lafourche Parish, Louisiana, Oil Production...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and University of Alabama Enter into Consent Order

The Alabama Department of Environmental Management (“ADEM”) and the University of Alabama (“UofA”) entered into a Consent Order to address alleged violations of certain provisions of the ADEM Administrative Code related to...more

Hanzo

Hanzo's 2018 FINRA AND SEC Regulatory Compliance Year in Review

Hanzo on

From Elon Musk’s tweets to Floyd Mayweather and DJ Khaled’s promotion of cryptocurrencies, 2018 was, to say the least, an interesting year in regulatory enforcement news. Even if all you do is win, win, win, no matter what,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

TSD/Hazardous Waste Enforcement: Alabama Department of Environmental Management and Etowah County, Alabama Enter into Special...

The Alabama Department of Environmental Management (“ADEM”) and Giant Resource Recovery-Attalla, Inc. (“Giant”) entered into a November 15th Special Order by Consent (“Order”) addressing alleged violations of certain...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater /Clean Water Act Enforcement: Mississippi Commission on Environmental Quality and Excavation Company Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and M and N Excavators, Inc. (“M and N”) entered into a September 4th Agreed Order (“AO”) addressing alleged violations of certain stormwater pollution prevention...more

Pullman & Comley, LLC

Appellate Court Notes

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SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill/Solid Waste Enforcement: Vermont Attorney General and Moretown, Vermont Landfill Operator Enter into Consent Order

The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations...more

Jones Day

Failure To Maintain Correspondence Address Could Be Detrimental To Your Health

Jones Day on

The PTAB rules state that “[t]he petition and supporting evidence must be served on the patent owner at the correspondence address of record for the subject patent.” 37 C.F.R. § 42.105(a). Prompt service is important in IPRs...more

Haight Brown & Bonesteel LLP

Duties Owed to All by a Healthcare Provider Sound in Premises Liability, Not Medical Malpractice

In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the...more

Haight Brown & Bonesteel LLP

A Claim Is for Medical Negligence – Not General Negligence – When “Integrally Related” to a Patient’s Medical Treatment or...

Nava v. Saddleback Memorial Medical Center, et al. is the latest in a line of cases regarding the definition of professional negligence in matters involving health care providers and the applicable statute of limitations. The...more

Baker Donelson

Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

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Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more

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