Underlying Complaint Alleges Possibility of Coverage, Triggering Duty to Defend
September 15, 2026 —
Tred R. Eyerly - Insurance Law HawaiiIn a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026).
Mary Guzman, who worked for a cleaning company, PBM, LLC, alleged that she was injured when a glass panel in a revolving door fell onto her as she cleaned the door. She filed suit in state court against the owners of the building as well as the lessee of the fifteenth floor where the accident occurred, Bank of New York Mellon (Bank). She alleged the owners and the Bank were negligent in creating the dangerous condition that caused her injury.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Could Your Project-Level AI Prompt Become the Other Side’s Smoking Gun?
October 20, 2026 —
Ryan Glass - ConsensusDocsA dispute is brewing on the project. Wanting a quick assessment, the project manager opens ChatGPT, Claude, or another generative artificial intelligence (“AI”) platform. The project manager types the dispute background into the prompt, including concerns, explanations, and a frank discussion of what may have gone wrong on the contractor-side. The AI response identifies potential weaknesses in the contractor’s position, including possible failures to meet contractual obligations. Unhappy with the answer, the project manager starts a new chat, revises the prompt, and tries again. If the dispute escalates to arbitration or litigation, can the owner force the contractor to provide these prompts and the resulting responses?
Frustratingly, the answer is: it depends. Courts have reached different conclusions. For now, the safest course is to involve your counsel before using AI to evaluate a demand letter, default notice, or threatened lawsuit, or before using AI to draft dispute-related emails, claim letters, or other communications that contain project-specific facts. Otherwise, what feels like a private conversation may later become key evidence for the opposing party.
Read the full story...Reprinted courtesy of
Ryan Glass, Jones Walker LLCMr. Glass may be contacted at
rglass@joneswalker.com
Hunton’s Jae Lynn Huckaba Selected to Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law
October 26, 2026 —
Hunton Insurance Recovery BlogCongratulations to Hunton insurance coverage associate
Jae Lynn (JL) Huckaba for being selected to the Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law.
Now in its fifth year, the Miami-Dade Bar’s Circle of Excellence Awards recognize attorneys who exemplify the highest standards of skill, integrity, and professionalism across the county. Honorees are chosen by a panel of past Circle of Excellence recipients following a rigorous two-month review that incorporates input from the public, Bar members, and committee leadership.
Read the full story...Reprinted courtesy of
Hunton Andrews Kurth LLP
RONI: What You Lose by Not Investing in AI – With Sam Zolfagharian
September 21, 2026 —
Aarni Heiskanen - AEC BusinessSam Zolfagharian returns to the AEC Business Podcast for her second appearance. She is an AI strategist, keynote speaker, and the author of two books, Disrupt It and Future by Design. She spoke at the AI in AEC conference in Helsinki in March, and we picked up the conversation where that keynote left off.
The starting point was a question her clients keep raising. Executives are being asked by their boards about the return on their AI investments, and many of them do not have an answer they trust. This episode is about what to measure instead, and when the dollar figure finally becomes the right number to look at.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know
July 13, 2026 —
Conor G. Bateman & Marsha Cotton - Snell & WilmerOn March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants.
Background: The Prior Rule
Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case.
Reprinted courtesy of
Conor G. Bateman, Snell & Wilmer and
Marsha Cotton, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com
Ms. Cotton may be contacted at mcotton@swlaw.com
Read the full story...
Ball Janik LLP Welcomes Construction Defect Attorney and U.S. Air Force Veteran Jake Scott to its Fort Lauderdale Office
June 02, 2026 —
Ball Janik LLPBall Janik LLP, a leading construction defect and insurance recovery law firm, has welcomed Jake Scott as an associate in its Fort Lauderdale office. Scott joins the Construction Defect Practice Group, bringing experience across construction litigation that includes construction defect, contract dispute, and negligence matters, along with a track record of representing construction professionals through depositions, court appearances, and trial preparation to support the firm's steady growth and client service statewide.
"We're excited to welcome Jake Scott to our Fort Lauderdale office and Construction Defect Practice Group," said James C. Prichard, Managing Partner at Ball Janik LLP. "We look forward to the fresh perspectives and legal solutions he will provide for community associations across South Florida."
Scott is a results-driven attorney dedicated to providing strategic counsel for complex legal challenges. He has experience managing all phases of a case, from early investigation and discovery through trial preparation and settlement negotiations.
Prior to joining Ball Janik, Scott served as an associate attorney in Fort Lauderdale, where he represented clients in construction litigation matters, handled depositions and court appearances, conducted legal research, and drafted pleadings, motions, and briefs. He also worked as an attorney in Tampa, where he represented contractors, subcontractors, and construction firms in defending claims involving construction defects, contractual disputes, and negligence, and worked closely with expert witnesses, engineers, and consultants to develop and present technical evidence.
Scott's experience representing the development and building sides of construction disputes provides a valuable, contrast-driven perspective that supports the strategic evaluation of claims and practical approaches to resolution for Ball Janik's clients.
A proud veteran, Scott served in the United States Air Force for eight years, including roles as an Airspace Control Officer and in Space Systems Operations, supporting safe space flight operations and satellite communications.
Carrying the discipline of airborne operations, Scott worked in the aerospace sector as a Satellite Engineer and Orbital Analyst. He also held a role in the housing sector, supporting marketing and business development initiatives.
Scott received his law degree from Stetson University College of Law. He attended American Military University, where he earned degrees in marketing, business management, and related support services.
About Ball Janik LLP
Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com.
Lewis Brisbois Partner and National Trial Team Member Ian B. Lane Elected President of ABOTA’s Southern New York Chapter
October 20, 2026 —
Lewis BrisboisLewis Brisbois is pleased to announce that New York Partner Ian B. Lane, a member of the firm’s National Trial Team, has been elected president of the Southern New York Chapter of the American Board of Trial Advocates (ABOTA) for the 2027-2028 term. In this role, Mr. Lane will help lead the organization's efforts to promote excellence in trial advocacy, to foster professionalism within the legal profession, and to advance the chapter's educational, professional, and public service initiatives. Lewis Brisbois has nearly 40 ABOTA members across the country.
"I am deeply honored by the confidence my colleagues have placed in me," said Mr. Lane. "ABOTA plays a vital role in preserving the right to trial by jury and promoting the highest standards of professionalism, civility, and advocacy. I look forward to working with our members to advance those goals, support the development of the next generation of trial lawyers, and strengthen the important role of the civil justice system."
Read the full story...Reprinted courtesy of
Lewis Brisbois
Inaccurate Representations Can Lead to Differing Site Conditions Claim
May 26, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn the
prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor.
Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978).
The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “
superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
