Appleton Wisconsin Construction Expert Witness Directory

CEO/Founding Principal Nicole Whyte is recognized as one of the most Influential Leaders in Orange County by the OC Business Journal!

December 15, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to CEO/Founding Principal Nicole Whyte on her recognition as one of the most Influential Leaders in Orange County by the OC Business Journal! Why: Nicole leads over 200 attorneys in 11 offices in the Western U.S. She specializes in family law and complex civil litigation. Of those, 89 are based in the firm’s Newport Beach headquarters. Notable: Nicole was born, raised, and educated in South Africa. She practiced law in Johannesburg before emigrating to the United States in 1991. After quickly learning the U.S. Legal system, Nicole founded Bremer Whyte in 1997. Her husband, Steve Nataupsky, is a managing partner at Knobbe Martens. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

When Your Scheduler Hallucinates: Managing AI Risk on the Job Site

March 03, 2026 — Jason Loring - ConsensusDocs
Artificial intelligence has moved from the conference room to the construction site. Contractors are using AI-powered tools to predict schedule delays, monitor safety through drone footage, optimize equipment maintenance and flag potential hazards in real time. These tools deliver genuine efficiency gains, but they also introduce risks that most construction contracts do not anticipate and many project teams aren’t yet equipped to manage. The problem is that AI tools are probabilistic and not determinative, meaning that they can “hallucinate”: generating confident, but completely wrong, information. Your AI scheduling software might therefore predict a delay that never materializes, causing unnecessary resource mobilization. Your drone monitoring might flag a nonexistent safety hazard, stopping work and costing productivity. Or worse, it might miss a real hazard entirely. Read the full story...
Reprinted courtesy of Jason Loring, Jones Walker LLP
Mr. Loring may be contacted at jloring@joneswalker.com

Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision

May 05, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026). Stella owned a cultural center that was insured under a commercial property all-risk policy issued by Auto-Owners. A windstorm with gusts of 65 miles per hour struck the Center causing damage. The Center’s inspector found extensive wind damage on nearly all facets of the roof. Further, the inspector found the existing organic shingles were in “very poor condition” and were “defective, discontinued, and no longer available.” The estimated cost of repairs to the roof was $108,010.52. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Eleventh Circuit Permits Florida Restrictions on Property Ownership by Certain Foreign Nationals to Go Forward

January 13, 2026 — Minyao Wang - Lewis Brisbois Newsroom
New York, N.Y. (December 4, 2025) - On November 4, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a long-anticipated decision in Shen v. Simpson, upholding the constitutionality of a Florida law, SB 264, which restricts ownership of or investment in Florida real estate by individuals “domiciled” in the People’s Republic of China and to a lesser extent, other countries of concern (which are identified in the statute as Russia, North Korea, Iran, Cuba, Venezuela and Syria) who are not American citizens or green card holders. The restriction encompasses residential, commercial and agricultural real estate. Oral argument in the case was held on April 19, 2024, and it took the court almost one year and seven months to issue its opinion, an unusually long turn-around time. This Update follows previous Lewis Brisbois alerts on Florida’s law and legal challenges to it. Read the full story...
Reprinted courtesy of Minyao Wang, Lewis Brisbois
Mr. Wang may be contacted at Minyao.Wang@lewisbrisbois.com

Court Conditionally Grants Mandamus Relief to Compel Appraisal

February 02, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court conditionally granted the insurer’s writ of mandamus to compel an appraisal after the trial court denied the insurer’s motion to compel appraisal. In re Am. Zurich Ins. Co., 2025 Tex. App. LEXIS 8932 (Tex. Ct. App. Nov. 20, 2025). The insureds, Jay Steinfeld and Barbara Winthrop (Steinfeld) ,hired Southhampton Group to build their home. Construction began in 2021. Southhampton Group obtained a builder’s risk policy from Zurich which named Steinfeld as an additional insured. Shortly before completion of the home, Sheet Metal Crafts, a subcontractor working on the home’s roof, caused a fire that substantially damaged the 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

Seventh Circuit, With an Assist From the Illinois Supreme Court, Finds That “Pollution Exclusion” Bars Coverage For Emissions Allowed Under Regulatory Permit

April 20, 2026 — Jason Taylor - Traub Lieberman Insurance Law Blog
In Griffith Foods Int’l Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 24-1217 & 24-1223 (7th Cir. Mar. 13, 2026), the Seventh Circuit addressed the meaning and scope of a pollution exclusion in a standard-form commercial general liability insurance policy for underlying injuries caused by ethylene oxide (EtO) emissions. The insurance dispute arose out of underlying tort litigation involving bodily injury claims, including cancer, allegedly caused by emissions of ethylene oxide over a 35-year period from 1984 through 2019 by Griffith Foods International and later Sterigenics U.S. The pollution exclusion at issue generally barred coverage for “bodily injury” arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, or other irritants, contaminants or pollutants. Interpreting similar exclusions, the Illinois Supreme Court has previously held that the standard CGL pollution exclusion bars coverage for bodily injuries caused by traditional environmental pollution (essentially industrial emissions of pollutants), but not by more commonplace emissions (such as carbon monoxide from a residential furnace or excess chlorine in a backyard swimming pool). See American States Insurance Co. v. Koloms, 177 Ill. 2d 473 (Ill. 1997). In Griffith Foods, the District Court initially concluded that the pollution exclusion did not apply because the companies emitted EtO pursuant to a permit issued by the IEPA. The District Court reached this latter conclusion by applying Erie Insurance Exchange v. Imperial Marble Corp., 957 N.E.2d 1214 (Ill. App. Ct. 2011), an Illinois intermediate appellate court decision finding it ambiguous whether a CGL policy’s pollution exclusion barred coverage for emissions authorized by regulatory permit. Read the full story...
Reprinted courtesy of Jason Taylor, Traub Lieberman
Mr. Taylor may be contacted at jtaylor@tlsslaw.com

Motion for Summary Judgment Granted in Significant California Public Utilities Suit

May 12, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations. After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

APPLETON WISCONSIN CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES