Hickory Valley Tennessee Construction Expert Witness Directory

Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak

March 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025). A small hole, slightly larger than a pen tip in size, developed in a pressurized hot water pipe. The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

White and Williams LLP Attorneys Recognized as PA and DE Super Lawyers

July 06, 2026 — White and Williams LLP
White and Williams LLP is proud to announce that eight attorneys in the firm’s Philadelphia office and one attorney in the firm's Delaware Office have been recognized on the 2026 Super Lawyers® and Rising Star lists. This recognition highlights our attorney's exceptional legal acumen and their commitment to client service excellence. Lawyers are selected for inclusion in Pennsylvania and Delaware Area Super Lawyers® and Rising Stars through a process that considers independent research, peer recognition and the professional achievements of attorneys from more than 70 practice areas. Approximately 2.5% of lawyers in each state are selected by the research team at Super Lawyers® to receive this honor. Read the full story...
Reprinted courtesy of White and Williams LLP

Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List

March 03, 2026 — Kahana Feld
IRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, Sharon Oh-Kubisch, and Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list. Jason Feld is a founding partner of Kahana Feld. He 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. Read the full story...
Reprinted courtesy of Kahana Feld

That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

April 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!

President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Science-Based Standards for Wildfire Recovery: What California Policyholders Need to Know About A.B. 1642

March 03, 2026 — Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery Blog
Wildfires continue to present serious risks for California property owners. Unfortunately, commercial property owners, corporate facilities, landlords, and homeowners need to overcome not only the flames themselves, but also remediating hazardous contamination against a backdrop of unpredictable and ambiguous environmental safety standards. In response to the destructive Los Angeles area fires in 2025, the California Legislature recently introduced Assembly Bill 1642 aimed at creating uniform science-based standards for evaluating, testing, and clearing wildfire-impacted properties. While A.B. 1642 is in its early stages of consideration, it could materially influence claims handling, remediation costs, risk management practices, and broader liability exposures for California policyholders. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Yosef Itkin, Hunton Andrews Kurth LLP Mr. Fehling may be contacted at gfehling@hunton.com Mr. Itkin may be contacted at yitkin@hunton.com Read the full story...

EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

HICKORY VALLEY TENNESSEE CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES