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DIRECTORY AND CAPABILITIES

Deferred Maintenance?

December 17, 2024 — Daniel Lund III - Lexology
A Tennessee-based “outsourced maintenance vendor” to an engine company filed suit in Louisiana state court seeking to recover nearly $150,000 on “open account,” for work previously performed. The engine company removed the case to the Federal District Court in New Orleans and asserted as a defense that the vendor lacked a proper Louisiana construction contractor’s license. The engine company filed a motion for summary judgment based on the defense. Under Louisiana law, a contract between parties is “absolutely null”--considered to have never existed--where one of the parties performed services without a required Louisiana contractor’s license, and the combined work reaches a $50,000 threshold. The engine company asserted that the vendor performed typical construction contractor work, including plywood flooring, applied epoxy to concrete flooring, erected part of a commercial carport, undertook certain heavy demolition, and installed fences, guardrails, and wire racks. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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When Every Drop Matters, Cities Turn to Watertech

November 25, 2024 — James B. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the full story...
Reprinted courtesy of James B. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

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Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

January 21, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 31, 2024) - Days after obtaining an Appellate Division victory affirming a “no cause” jury verdict, Newark Partner Afsha Noran and Managing Partner Colin Hackett obtained a second appellate court victory affirming a trial court's dismissal of a complaint against another firm client, a general contractor. The team had previously obtained summary judgment at the trial level on the grounds plaintiff could not establish a prima facie case against the client. The plaintiff appealed the grant of summary judgment and dismissal of her claim to the Appellate Division. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Congratulations to Newport Beach Partner Tyler D. Offenhauser and Associate Therese M. Ellis for Securing a Dismissal on a Premises Liability and Negligence Case!

March 18, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Tyler D. Offenhauser and Therese M. Ellis forced adverse counsel to dismiss their Cross-complaint by filing a pro-active Motion for Summary Judgment involving a premises liability and negligence case. In this case, Plaintiff filed a Complaint against the Defendant HOA alleging a slip and fall accident as a result of slipping on a pile of leaves and debris on the sidewalk at the subject property. The property was owned and managed by the Defendant HOA. The Defendant HOA filed an Answer and Cross-complaint against BWB&O’s client for Comparative Negligence, Implied Indemnity, Contribution, and Declaratory Relief. Through meticulous preparation, thorough research, and strategic advocacy, Therese Ellis prepared and filed a Motion for Summary Judgment arguing that the client had no duty to perform landscaping services on the date of loss, had no notice of any dangerous condition, and that Plaintiff assumed the risk of such condition. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Congratulations to Nicholas Rodriguez on His Promotion to Partner

November 25, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Professional Liability Insurance Considerations When Design Professionals are Involved

March 04, 2025 — Lara Yost & Debrán O’Neil - The Dispute Resolver
When it comes to managing risk, design professionals must carefully consider both commercial general liability (CGL) and professional liability insurance. While these two types of coverage both protect against third-party claims, they have key differences in how they work, when they apply, and what they cover. For lawyers working with design professionals, it is crucial to grasp the nuances in professional liability insurance in order to negotiate contracts and handle disputes effectively. By understanding these nuances and guiding clients accordingly, legal counsel can help design professionals navigate the complexities of insurance coverage and reduce their exposure to costly risks. CGL v. Professional Liability Policies A major difference between CGL and professional liability insurance is what risks they are designed to address and the form of the policy. CGL policies and endorsements are standardized across the industry/carriers and use forms issued by the Insurance Services Office, Inc. (ISO). CGL covers liabilities related to bodily injury, property damage, and personal/advertising injuries. It is meant to handle incidents occurring on the insured’s premises or due to non-professional activities. Reprinted courtesy of Lara Yost, Carrington, Coleman, Sloman & Blumenthal, L.L.P. and Debrán O’Neil, Carrington, Coleman, Sloman & Blumenthal, L.L.P. Ms. Yost may be contacted at lyost@ccsb.com Ms. O'Neil may be contacted at doneil@ccsb.com Read the full story...

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Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

December 03, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Alexander Giannetto for being selected as a “2024 Leaders of Influence in Law” by the San Diego Business Journal! To read and download the SDBJ publication, please click here. Alex Giannetto is a managing partner with Bremer, Whyte, Brown & O’Meara LLP’s San Diego office. He has extensive experience in all aspects of civil litigation handling liability matters including slip and falls, catastrophic injuries, wrongful death, traumatic brain injuries, landslides, and construction claims. He has obtained favorable trial results defending clients on personal injury and premises matters in San Diego and Los Angeles. He also has appellate experience. He is an AV-rated attorney by Martindale-Hubbell who has been voted Best of the Bar in San Diego as well as a Top Lawyer in San Diego. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Texas Allows Wide Scope for Certificate of Merit

January 07, 2025 — Lian Skaf - The Subrogation Strategist
The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While a subrogation attorney should not be bringing a frivolous case to suit anyway, the requirement adds another step in the process that plaintiffs need to properly navigate. Chapter 150 of the Texas Civil Practice and Remedies Code requires that in an action arising out of professional services by a licensed or registered professional, claimants must file an affidavit from a qualified expert attesting to the theories of recovery, the negligence and the factual basis for the claims. The expert must be competent, have the same professional license or registration as the defendant and practice in the area of practice of the defendant. In Janis Smith Consulting, LLC v. Rosenberg, No. 03-23-00370-CV, 2024 Tex. App. LEXIS 7961, the Court of Appeals of Texas, Third District (Court of Appeals) addressed a challenge from the defendant as to the sufficiency of the plaintiff’s certificate of merit in an interlocutory appeal. The Court of Appeals affirmed the lower court’s dismissal of the defendant’s motion to dismiss based on the allegedly improper certificate of merit, holding that the plaintiff’s expert was sufficiently qualified to certify the legitimacy of the case. Read the full story...
Reprinted courtesy of Lian Skaf, White and Williams LLP
Mr. Skaf may be contacted at skafl@whiteandwilliams.com

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