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Adobe PDFModel Home, Jobsite and Communication Compliance Under the Americans with Disabilities Act
Daniel A. Berman, Hoyt S. Neal; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
September 25, 2015, previously published on September 23, 2015
The Americans with Disabilities Act (ADA) is touted as one of America’s most comprehensive pieces of civil rights legislation. The Act prohibits discrimination and guarantees that people with disabilities have the same opportunities to participate in mainstream American life. The primary...

 

HTMLContractors Beware: Washington Court Rules Good Cause Not Required to Terminate Contract for Convenience
Timothy John Repass; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
September 3, 2015, previously published on September 1, 2015
The Washington State Court of Appeals held on August 10, 2015, that a termination for convenience provision in a private construction contract is enforceable where there is adequate consideration in the form of partial performance of the contract and payment for such work.

 

HTMLFor Want for a Cupcake? Bakery’s Refusal to Serve Same-Sex Couples is Found a Violation of Colorado’s Anti-Discrimination Act
Robert William Hellner, Haley Maglieri, Dana C. Withers; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
On August 13, 2015, in a unanimous decision, the Colorado Court of Appeals affirmed a May 2014 finding from the Colorado Civil Rights Commission that a bakery’s policy of turning away same-sex couples who requested wedding cakes violates Colorado’s Anti-Discrimination Act...

 

HTMLBuilder Victory in Arizona on Subsequent Homeowner Defect Claims
Jill Ann Herman, Robert R. Monroe; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
August 10, 2015, previously published on August 4, 2015
This case is important to builders in the State of Arizona because it effectively eliminates any claim that a subsequent homeowner may bring for negligence. Before this case, subsequent homeowners arguably had more rights than original homeowners for construction defects because the economic loss...

 

HTMLWSHB Wins Verdict in Subrogation Trial
Ashley B. Beagle, Jason C. Gless, Michael Jonathan Partos; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
August 6, 2015, previously published on July 28, 2015
In a scene cut straight out of a Hollywood movie, a tanker truck hauling 8,000 gallons of fuel caught fire on a Los Angeles Freeway. The fully engulfed truck came to rest under a freeway overpass. The explosive fire that followed completely destroyed the overpass and isolated numerous nearby...

 

HTMLThe Colorado Supreme Court Prohibits Hotels from Evicting Guests Into Foreseeably Dangerous Environments
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
July 15, 2015, previously published on April 20, 2015
For the first time, the Colorado Supreme Court has defined the duty a hotel owes to a guest during a lawful eviction. This case stands for the proposition that the long-recognized duty of an innkeeper to its guests to exercise reasonable care under the circumstances prohibits an innkeeper from...

 

HTMLCalifornia Court of Appeal Mandates that Issue of Ostensible Agency in Emergency Room Setting is for Trier of Fact
Constance A. Endelicato, Brian Hoffman; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
June 19, 2015, previously published on June 10, 2015
Hospitals may not escape liability for its emergency room physicians and other independent contractor practitioners, despite giving notice of independent contractor status through admission papers, signage in emergency room, and insignia on clothing.

 

HTMLWSHB Case Update: Difference Between Medical Expenses Billed and Paid Should be Deducted from Judgment before Determining Who Obtained a More Favorable Judgment Under Section 998
Ranjan A. Lahiri, Lane E. Webb; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
June 2, 2015, previously published on May 21, 2015
The issue of how to determine whether a defendant obtained a more favorable judLee v. Silveira, California Court of Appeal, Fifth Appellate District Case No. F067723 Why This Case is Important The issue of how to determine whether a defendant obtained a more favorable judgment under California Code...

 

HTMLHabitability: How Mold Fits Into The Bigger Picture
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
Mold claims are generally property based. Plaintiffs allege that their exposure is the result of inadequate construction or maintenance of a structure, causing water intrusion into the building envelope and the subsequent growth of fungi. The same defective construction or maintenance of a building...

 

HTMLWashington Court of Appeal Finds Testimony of Non-Physician Toxicologist Sufficient to Prove Causation
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
In a May 2014 opinion, the Washington Court of Appeal reversed a lower court decision, dismissing a plaintiff’s claim against her employer for negligent cleanup of mold growth. Plaintiff Bonny Bolson was working as a tax accountant when a severe storm flooded her office. While attempting to...

 


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