Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value
August 16, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026).
A lightning strike downed a tree on the insured’s property, causing extensive damage to the home. The insured had a homeowner’s policy with Massachusetts Bay Insurance Company (MBIC). MBIC denied the claim, determining that much of the claimed damage already existed and that several policy exclusions otherwise barred coverage. The insured filed suit for breach of contract and bad faith.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Jurisdiction Over Foreign Manufacturers in Construction Litigation
May 14, 2026 —
Timothy J. Repass & Miki J. Saito - Wood Smith Henning BermanA recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure.
Background of the Case
King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction.
Reprinted courtesy of
Timothy J. Repass, Wood Smith Henning Berman and
Miki J. Saito, Wood Smith Henning Berman
Mr. Repass may be contacted at trepass@wshblaw.com
Ms. Saito may be contacted at msaito@wshblaw.com
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Wilke Fleury Attorneys Recognized by 2026 Northern California Super Lawyers and Rising Stars!
July 20, 2026 —
Wilke FleuryWilke Fleury is pleased to announce that 18 of the firm’s attorneys have been selected for inclusion on the 2026 Northern California Super Lawyers and Rising Stars lists.
The annual Super Lawyers and Rising Stars selections recognize attorneys across a wide range of practice areas. This year’s honorees reflect the depth of Wilke Fleury’s litigation, business, healthcare, employment, bankruptcy, appellate, real estate, construction, and estate planning practices.
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Wilke Fleury
From CERCLA to Drinking Water: D.C. Circuit’s PFAS Ruling Enters a Second Regulatory Fight
October 06, 2026 —
Ashleigh K. Myers, Amanda G. Halter & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogOn August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit
upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs.
This decision is already being invoked in a separate D.C. Circuit challenge to EPA’s 2024 PFAS drinking water rule promulgated under the Safe Drinking Water Act (SDWA). Six days after the CERCLA decision, respondent intervenors cited it as supplemental authority in American Water Works Association v. EPA, No. 24-1188, ahead of oral argument scheduled for
September 18, 2026. The Chamber of Commerce decision may assist the respondent intervenors on certain notice and comment and economic analysis arguments, but its significance should not be overstated. The principal challenges to the standards for the four PFAS subject to EPA’s Hazard Index-based maximum contaminant level (MCL) turn on requirements specific to the SDWA, and EPA itself now agrees that those provisions were promulgated through an unlawful process.
Reprinted courtesy of
Ashleigh K. Myers, Pillsbury,
Amanda G. Halter, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists
August 16, 2026 —
Kahana FeldIRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana, and
Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney
Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list.
Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors.
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Kahana Feld
Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2026 Guide
June 29, 2026 —
Hunton Insurance Recovery BlogHunton is pleased to announce that its insurance coverage practice was recognized nationally for Insurance: Dispute Resolution – Policyholder in the recently released 2026 Chambers USA guide. The team also received state rankings in Florida (Insurance: Dispute Resolution), Georgia (Insurance), the District of Columbia (Insurance: Policyholder), and Massachusetts (Insurance).
In addition to the insurance team’s group recognition across multiple states, the 2026 guide included individual rankings for
Lorelie “Lorie” S. Masters (USA Nationwide and District of Columbia),
Latosha M. Ellis (District of Columbia),
Michael S. Levine (District of Columbia),
Koorosh “KT” Talieh (District of Columbia),
Walter J. Andrews (Florida),
Andrea DeField (Florida),
Cary D. Steklof (Florida),
Lawrence J. Bracken II (Georgia), and
Geoffrey B. Fehling (Massachusetts).
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Hunton Andrews Kurth LLP
$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act.
Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie.
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Nicholas D. Cowie, Cowie Law GroupMr. Cowie may be contacted at
ndc@cowielawgroup.com
Nordics Are Europe’s Next Data Center Hub
October 05, 2026 —
Aarni Heiskanen - AEC BusinessOn September 9, 2026, Google announced its largest single investment in Europe. The company commits at least €13 billion to Finnish data centers and energy infrastructure in 2027 and 2028, expanding the existing Hamina campus and adding three new sites in Kajaani, Muhos, and Vaala. For the construction sector, this is great news: thousands of hectares, dozens of buildings, and a construction program that will extend well beyond the two-year investment window.
Four Sites, One Regional Cluster
Google is not a newcomer in Finland. Back in 2009, it converted a former paper mill in Hamina into a seawater-cooled data center. It has invested around €4.5 billion there over 15 years, and the site’s waste heat already feeds Hamina’s district heating network. The new program shifts the center of gravity north, to the border of North Ostrobothnia and Kainuu.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
