Louisiana Enacts Important Tort Reform Legislation
May 12, 2026 —
Lee M. Peacocke & Benjamin Perkins - Lewis BrisboisThe Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found
here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana.
The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages.
Reprinted courtesy of
Lee M. Peacocke, Lewis Brisbois and
Benjamin Perkins, Lewis Brisbois
Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com
Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com
Read the full story...
Dispute Erupts Into Public Over Castro Theater Rehab Project Costs
September 08, 2026 —
Richard Korman - Engineering News-RecordAs it was about to start an arbitration of final payments on a complex theater renovation, the entertainment company that leases San Francisco's landmark Castro Theatre has filed a state court trademark violation lawsuit seeking to bar the contractor from publicizing as a success its work for the owner on that and other projects.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
Congratulations to Gianna Liddy on Her Promotion to Partner
September 21, 2026 —
Dolores Montoya - Bremer Whyte Brown & O’Meara, LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Gianna Liddy has been promoted to partner. Gianna’s dedication, leadership, and exceptional contributions to the firm have earned her this well-deserved recognition. Please join us in congratulating her on this exciting achievement!
Meet Gianna Liddy!
Gianna has been with BWB&O since 2019 and has been practicing law since 2017. Her practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters. As a Supervising Attorney in the firm’s Encinitas office, she oversees a team of attorneys, collaborates closely with clients and insurance professionals, and develops litigation strategy in complex matters.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O’Meara, LLP
New York Orders Moratorium on Large Data Center Permits
July 27, 2026 —
Levi W. Barrett - Peckar & Abramson, P.C.Levi W. Barrett, Co-Managing Partner of Peckar & Abramson’s New Jersey office, Co-Chair of the firm’s
Construction Contracts & Risk Management team, and Executive Committee Member, was recently quoted in “New York Orders Moratorium on Large Data Center Permits,” an article written by
Engineering News-Record (ENR). The article examines New York Governor Kathy Hochul’s executive order temporarily halting state environmental permit reviews for certain large-scale data center projects while regulators develop a comprehensive framework to address the sector’s energy demands, water consumption, environmental impacts, and effects on local communities. It also explores the broader implications of the moratorium for developers, contractors, investors, and other stakeholders, as well as the ongoing debate between economic development, AI-driven infrastructure growth, and environmental and utility ratepayer concerns.
Read the full story...Reprinted courtesy of
Levi W. Barrett, Peckar & Abramson, P.C.Mr. Barrett may be contacted at
lbarrett@pecklaw.com
4th Department Narrowly Interprets Professional Services
August 11, 2026 —
Craig Rokuson - Traub LiebermanIn the recent case of Cty. of Erie v. Selective Ins. Co. of Am., 2026 NY Slip Op 04092 (App. Div. 4th Dept.), New York’s Appellate Division, Fourth Department held that a general liability carrier for a construction manager owed additional insured coverage to the County of Erie, notwithstanding an exclusion in the construction manager’s policy for injuries arising out of professional services.
The underlying case involved injuries sustained when the underlying plaintiff fell off of her bicycle at a park owned by the County when she transitioned from the pavement edge to grass.
Read the full story...Reprinted courtesy of
Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Global Insights Center: Monthly Newsletter
June 15, 2026 —
Global Insights Center Staff - The HartfordMay in Review
Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict.
Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure.
Read the full story...Reprinted courtesy of
Global Insights Center Staff, The Hartford
A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance
July 13, 2026 —
Stephen E. Irving - Peckar & Abramson, P.C.Following the
Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects.
The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules.
Read the full story...Reprinted courtesy of
Stephen E. Irving, Peck
Seeking Better Peer Reviews After the FIU Bridge CollapseVinFast Breaks Ground in North Carolina on its Promised $4B EV PlantThe Double-Breasted DilemmaWhite and Williams LLP Ranked in the Chambers USA 2026 GuideReal Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government ShutdownIn Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s WorkConstruction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the WithdrawalInsureds’ Altering Dates for Hailstorm Damage Justifies Denial of ClaimBoston Building Boom Seems SustainableBreach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair DealingYou Cannot Arbitrate Claims Not Covered By The Arbitration AgreementFrom Fantasy to Fact: Cristina Andersson on Our Robotic FutureNavigating the Diverging Landscape of Climate Disclosure LawsCA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited CircumstancesUsing the Prevention DoctrineSustainability Is an Ever-Increasing Issue in DevelopmentSmoke and Soot Constitute Direct Physical LossHomebuilders See Record Bearish Bets on Shaky RecoveryCourse of Conduct Can Serve as Waiver or Modification of Parties’ ContractChambers USA 2022 Ranks White and Williams as a Leading Law FirmConsequential Damage Claims for Insurer's Bad Faith DismissedWildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential RecoveryFlorida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential DamagesQuick Note: Don’t Spoil Evidence!!!!Tariffs, Supply Snarls Spur Search for Factories Closer to U.S.Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal CaseThe Construction Industry Lost Jobs (No Surprise) but it Gained Some Too (Surprise)Insured’s Counsel Sanctioned for Filing Pleading with No Legal or Factual Justification"On Second Thought"Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to DefendCelebrities Lose Case in Construction Defect ArbitrationCourt Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect ActionCourt Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual LiabilityNew OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCLCalifornia Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide AnalysisConstruction Robotics Works Where Variation EndsTechniques for Resolving Construction DisputesA Primer on Suspension and Debarment for Federal Construction ProjectsCondos Down in Denver Due to Construction Defect LitigationPennsylvania “occurrence”Loan Snarl Punishes Spain Builder Backed by Soros, GatesLA’s Wildfire Recovery Shifts to Costly and Chaotic RebuildingGeneral Liability Alert: ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors ClarifiedOregon to Add 258,000 Jobs by 2022, State Data ShowsThree Attorneys Elevated to Partner at Newmeyer & Dillion, LLPConstruction Defects in Home a Breach of ContractTop 10 Take-Aways from the 2025 Mid-Winter Meeting in TampaInsurer Must Pay To Defend Product Defect Claims From Date Of Product Installationprop="name">D.C. Decision Finding No “Direct Physical Loss” for COVID-19 Closures Is Not Without Severe Limitations
Construction Slow to Begin in Superstorm Sandy CasesWilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!Cameron Kalunian to Speak at Casualty Construction Defect Seminar Time is Money. Unless You’re an Insurance CompanyImportant Information Regarding Colorado Mechanic’s Lien Rights.Unit Owners Have No Standing to Sue under Condominium Association’s PolicyHomeowner’s Policy Excludes Coverage for Loss Caused by Chinese DrywallPending Sales of Existing Homes in U.S. Decline for Eighth MonthTexas Construction Firm Officials Sentenced in Contract-Fraud CaseAGC Seeks To Lead Industry in Push for Infrastructure Bill