Document(s) published by this organization: 38
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|No Contract? If Not, Does The "Economic Loss Rule," Or CGL Exclusions Bar Recovery Of Damages For Negligent Construction?|
J.D. Humphries; Stites & Harbison, PLLC;
May 6, 2013, previously published on May 1, 2013Damage caused by negligent or defective “Work” is often discovered long after a construction project is completed. You, the claimant, have no contract with the company causing the damage. The question as to whether your damage is recoverable is a question which has been raging...
|How Effective Are Forum Selection Clauses In Design Or Construction Contracts?|
Gregory P. Parsons; Stites & Harbison, PLLC;
May 6, 2013, previously published on April 30, 2013Construction and commercial contracts frequently include provisions that require any disputes under the contract to be litigated in a specifically named forum. Subject to certain state and federal statutory restrictions, courts have generally enforced such “forum selection clauses”...
|Effective Immediately, Construction Employers Must Adapt to Revised Verification Form I-9|
Nathan V. Simon; Stites & Harbison, PLLC;
April 26, 2013, previously published on April 23, 2013On March 8, 2013, the U.S. Citizenship and Immigration Services (“USCIS”) published a new Employment Eligibility Verification Form I-9 (“I-9”). With a revision date of March 8, 2013 (and an expiration date of March 31, 2016), the new I-9 became effective immediately. The...
|SAVE THE DATE: The 2013 ACG Mid-South Capital Connection|
James C. Seiffert; Stites & Harbison, PLLC;
April 22, 2013, previously published on April 17, 2013Many privately-held operating companies looking to grow find themselves facing constant and formidable challenges dealing with such issues as regulatory compliance, risk management, development of existing talent, expansion, cost-reduction, technology, and succession. Owners of these companies, due...
|Construction Industry on Rebound?|
William G. Geisen; Stites & Harbison, PLLC;
April 6, 2013, previously published on April 3, 2013Several recent economic reports indicate that the construction industry finally might be on the rebound. Such news has to be music to the ears of many construction professionals who have been suffering from the economic downturn since early 2008. Recently published data suggests that the worst is...
|Are You A Special Purpose Governmental Entity Subject To New Regulation Under Kentucky House Bill 1?|
Rachel Owsley; Stites & Harbison, PLLC;
April 3, 2013, previously published on March 28, 2013The Kentucky Auditor of Public Accounts recently described the current legal framework governing special districts as “a muddled morass of more than 50 chapters of law and more than 1,000 individual statutes (some of which are a century old), bizarre classifications, uncertain...
|Tennessee Opts Out of ACA Medicaid Expansion - with a Caveat|
Jerry W. Taylor; Stites & Harbison, PLLC;
April 3, 2013, previously published on March 29, 2013On March 27, Tennessee Governor Bill Haslam addressed a joint session of the Tennessee General Assembly to announce his decision as to whether Tennessee will participate in the Medicaid expansion option under the Affordable Care Act (“ACA”). The Governor announced Tennessee will not opt...
|Are You Ready for the 2014 Large Employer Health Insurance "Option" to "Pay or Play?"|
Elizabeth Ann Johnson; Stites & Harbison, PLLC;
April 3, 2013, previously published on March 28, 2013“The Court today decides to save a statute . . . [and] rules that what the statute declares to be a requirement with a penalty is instead an option subject to a tax.” National Federation of Independent Business v. Sebelius, 567 U.S. ------ (2012), dissenting opinion.
|Crowdfunding: The Preferred Financing Tool of the Internet Era?|
James C. Seiffert, Scott R. Townsend; Stites & Harbison, PLLC;
March 14, 2013, previously published on March 11, 2013Under30CEO.com, a media website focused on ambitious Generation Y members, is polling its readers as to which U.S. cities present the best opportunities for young entrepreneurs. There are 45 cities nominated in three categories based on population, and Louisville is in competition with 14 other...
|Kentucky Supreme Court Holds Anti-Assignment Provision Violates Public Policy|
Stites Harbison PLLC;
March 7, 2013, previously published on February 28, 2013In late 2012, the Kentucky Supreme Court analyzed whether an insured could assign a claim to another party after a claimed loss occurred, despite an anti-assignment provision in the insurance policy. The Kentucky Supreme Court joined the majority of other jurisdictions in the United States and...