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Tag Archives: Commercial

Tort/Negligence – Professional Negligence Claim – Civil Engineer – Real Property – Commercial – Subsequent Purchaser – Civil Practice – Evidence – Expert Witnesses (access required)

Ross Dress for Less, Inc. v. Lauth Construction Group, LLC When a geotechnical engineering firm performed work on a commercial warehouse construction project for the contractor and project owner, the firm did not owe a duty of care to a subsequent purchaser of the warehouse. The court grants summary judgment to the engineering firm, the contractor, and the grading subcontractor on the new owner’s negligence and gross negligence claims. The court denies the motion of the contractor and grading subcontractor to exclude structural repair damages claimed by the new owner.

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Insurance – Commercial – Schools & School Boards – Labor & Employment – Unpaid Overtime (access required)

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.

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