Supreme Court Fair Housing Act Disparate Impact Case Settles — No FHA Decision This Term

By | Fair Housing Defense | November 19, 2013
Supreme Court Fair Housing Act Disparate Impact Case Settles — No FHA Decision This Term

Late last week the Mount Holly (NJ) Township Council voted to approve a settlement agreement that will leave for another day U.S. Supreme Court review of whether disparate impact claims are viable under the Fair Housing Act (FHA).  Following the announced settlement, the Supreme Court dismissed the disparate impact case.

Why Non-Union Firms Should Never Hire a Union Worker to Buy Labor Peace

By | Supplemental Conditions | November 19, 2013

Often construction unions will force ask non-union construction firms to hire a union worker for employment on a construction project where the non-union firm is completing work.  Faced with the threat of a picket line, many contractors consider the employment a minor tax inconvenience in exchange for labor peace and decide to hire the union worker.  After all, what is the worst that could happen when employing one worker on a project that will be completed soon?

Comment Periods Open On California’s New Fracking Regulations and Scope of Statewide Environmental Impact Reviews

Comment Periods Open On California’s New Fracking Regulations and Scope of Statewide Environmental Impact Reviews

In the face of mounting public pressure to address the potential perils of hydraulic fracturing, California has embarked upon a multi-faceted program to strengthen its oil and gas regulations, perform comprehensive environmental studies, and increase public disclosure. 

Washington Supreme Court Affirms Denial of Engineer’s Summary Judgment Motion Because Factual Questions Prevent Application of the Independent Duty Doctrine

By | Groundbreaking Law | November 18, 2013
Washington Supreme Court Affirms Denial of Engineer’s Summary Judgment Motion Because Factual Questions Prevent Application of the Independent Duty Doctrine

In Donatelli v. D.R. Strong Consulting Engineers, Inc., a 5-4 decision issued on November 14th, the Washington Supreme Court affirmed the denial of an engineer’s summary judgment motion seeking dismissal of claims for professional negligence and negligent misrepresentation under the independent duty doctrine (formerly the economic loss rule).

City’s Countersuit Strategy to Exploit DBE Fraud Backfires – Perini Corp. V City of New York, 2013 NY Slip Op 31879(U) (Sup Ct, NY County 2013)

In an effort to prohibit discrimination and to further participation of contractors owned or controlled by women and minorities in government-funded construction projects, many state and federal government contracts, including in New York, require participation by disadvantaged business enterprise (“DBE”) contractors.

Foreclosure Crisis Over? Housing Outlook Improves, but Senate May Have Final Say

By | The Shriver Brief | November 18, 2013
Credit -  david_shankbone

January 2014 will mark five years since new home starts bottomed out and foreclosures were at an all time high; over this time entire communities have been decimated and many families have fallen from the middle class. As we head toward this milestone, the Obama Administration’s latest Housing Scorecard shows improvement over a broad range of housing indicators, and state and federal homeowner protections continue to keep homeowners in their homes.