In its recent decision in People’s Trust Insurance Company v. Lavadie, Florida’s Third District Court of Appeal addressed the requirements for notice of policy changes and notice of mediation availability. The underlying loss involved damage to the insureds’ home caused by a water leak in April 2016. The insurance company acknowledged coverage for the loss and notified the insured homeowners that it would be using its contractor to repair the damage. The homeowners provided the insurance company with their contractor’s estimate, which was significantly higher than the insurance company’s estimate. In response, the insurance company sent a letter advising the homeowners of mediation’s availability to attempt to resolve the dispute. The insurance company also sent a letter demanding an appraisal of the claim. After the homeowners refused to proceed with the appraisal, the insurance company filed suit.
Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and understanding weather delays claims will help construction businesses avoid disputes.
On Thursday, June 4, 2020, the Internal Revenue Service (the “IRS”) released Notice 2020-39 (the “Ozone Deadline Relief Notice”) which provides substantial relief to existing and prospective investors in qualified opportunity funds ("QOFs") to mitigate potential degradation of their investments resulting from disruptions to construction and development operations of QOZ projects attributable to the COVID-19 pandemic.
Like all industries, construction is adapting to the “new normal” – and that likely means something different in each state, city, or municipality. While some projects, companies, and locales may have been affected “less than expected,” some have felt the full brunt of work stoppages, material shortages, delays, and other effects of the global coronavirus pandemic.
As the stay-at-home orders related to COVID-19 pandemic are being lifted, restaurants and other food and beverage operations must consider what measures to take to safely and efficiently operate in the new world that has forever been changed by COVID-19. The U.S.
On Thursday, May 14, 2020, the U.S. Supreme Court, in a unanimous ruling, found in favor of clothing and jean manufacturer Lucky Brand Dungarees, Inc. (Lucky Brand) and against Marcel Fashions Group, Inc. (Marcel) in the most recent phase of a series of trademark lawsuits between the parties which have spanned nearly two decades.
In a case that will have a significant impact on brand selection and usage across the United States, the Supreme Court, in Romag Fasteners, Inc. v Fossil Group, Inc., ruled on April 23, 2020, that a plaintiff does not have to show willful infringement by the defendant to be entitled to an award of profits under the Lanham Act. The Supreme Court vacated a district court’s ruling in favor of the well-known