Legal News

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the district court granted...By: Bradley Arant Boult Cummings LLP

The era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any level of harassment. In...By: Bradley Arant Boult Cummings LLP

A recent opinion issued by a trial court in New York, Rad and D’Aprile, Inc. v. Arnell Construction Corp., demonstrates the risks of a general contractor’s failure to pursue a subcontractor’s claims pursuant to a pass-through, or liquidating,...By: Bradley Arant Boult Cummings LLP

It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create...By: Bradley Arant Boult Cummings LLP

Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or materials. Many states’...By: Bradley Arant Boult Cummings LLP

A GSA proposed rule, if adopted, will provide direction for the “construction manager as constructor” (“CMc”) project delivery method. CMc is widely used in the private sector – the American Institute of Architects (“AIA”) has an entire family of...By: Bradley Arant Boult Cummings LLP

A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor (“Hailey”) filed a complaint...By: Bradley Arant Boult Cummings LLP

In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic Engineering v. ECC Centcom...By: Bradley Arant Boult Cummings LLP

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often takes several days. During...By: Bradley Arant Boult Cummings LLP

Cannabidiol (CBD) – a non-psychoactive component of cannabis with numerous claimed health benefits – has steadily grown in popularity in recent years. This upward trajectory went into overdrive with the passage of the Agriculture Improvement Act of...By: Bradley Arant Boult Cummings LLP