Maryland Federal Court Agrees European Public Limited-Liability Company Should be Treated Like a U.S. Corporation for Purposes of Diversity Jurisdiction
“The citizenship analysis is complicated” in the foreign context
October, 2022 | By Richard J. Medoff and Robert L. Hebb
In SNC-Lavalin Constructors Inc. v. Tokio Marine Kiln Insurance Limited, Certain Underwriters at Lloyd’s, Civ. Nos. GJH-19-873 and GJH-19-1510, 2021 WL 2550505 (D. Md. June 21, 2021), United States District Judge George J. Hazel, writing for the U.S. District Court for the District of Maryland, addressed the citizenship of a European Public Limited-Liability Company (Societas Europaea,…
Post-Repair Diminution in Value Claims: ‘Stigma Damages’ in Future Cases
August, 2022 | By Stephen S. McCloskey and Thomas V. McCarron
Originally published in The Legal Intelligencer on August 16, 2022. The scope of an owner’s claims for damages in construction defect litigation against the general contractor and its subcontractors is often thought of as the costs of repair, plus any consequential damages such as lost profits or rents if not waived in the contract. But…
Do Commercial Property Insurance Policies Cover Business Interruption Losses Sustained due to COVID-19?
July, 2022 | By David F. Risk
Note: This is an update to a previously published post. A Maryland Court of Special Appeals opinion that set Maryland precedent on business interruption losses due to COVID-19 is part of a national trend. Several courts have ruled in favor of insurers on the issue of whether losses incurred from government COVID-19 restrictions are covered…
Fundamental Changes In Litigation Process of West Virginia Workers’ Compensation Claims Effective July 1, 2022
July, 2022 | By James S. Maloney
Effective July 1, 2022 the West Virginia Office of Judges, which was previously the first step in the litigation process following the issuance of a protestable order by the claims administrator, ceased handling new protestable orders. With any and all protestable orders issued July 1, 2022 and thereafter, the prior Board of Review replaced the…
West Virginia FY 2023 Workers’ Compensation Rates
| By James S. Maloney
The West Virginia Office of the Insurance Commissioner has issued the new state average weekly wage for fiscal year 2023 (dates of loss: 7/1/22 – 6/30/23). For injuries occurring on or after July 1, 2022, the following maximum weekly workers’ compensation rates are effective in West Virginia: Temporary total, permanent total and vocational rehabilitation benefits:…
What Is the Reach of the AIA General Conditions’ Consequential Damages Waiver?
May, 2022 | By Stephen S. McCloskey and Thomas V. McCarron
Stephen S. McCloskey and Thomas V. McCarron published an article for The Legal Intelligencer discussing the scope of waiver provisions to consequential damages incurred due to termination of the contract during construction.