Blogs

September 20th, 2017

By Josh Bennett As explained in previous posts in this series, through the use of expert witnesses, an entity involved in a blasting claim may assert the defense that the damage was caused by some non-blasting reason or pre-existed the blasting and the peak particle velocity of the blast was not at the level necessary… Read More


August 8th, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. As we discussed in the last post of this series, one of those individuals will… Read More


August 4th, 2017

by Diana Coada Recently, one of my communities had an incident where police were called by a homeowner who caught another person take pictures of the homeowner in a bathing suit at the pool. Charges were not pressed, however. The explanation by the police (York County, SC) was that nothing could be done since the… Read More


June 1st, 2017

By Josh Bennett The use of expert witnesses is very important in the defense of a blasting damage claim. The blasting contractor will likely need to retain more than one individual to act as an expert witness in the case. One of those individuals will likely be an explosives engineer/seismologist. That person will usually be… Read More


April 5th, 2017

–T. McRoy Shelley, Esq. Duke Energy faces costs of $5 Billion or more to clean up its coal ash ponds throughout the state of North Carolina. Many of the coal ash impoundments have already released heavy metals and other contaminants into rivers and groundwater, including a 40 ton spill into the Dan River in 2014… Read More


March 20th, 2017

Because of the potential costs associated with a claim for blasting damages, it is important to understand the pattern of a routine blasting claim and how to defend against such a claim. This includes a study of the typical causes of action included in the plaintiff’s complaint. When an owner files a complaint, it will… Read More


January 20th, 2017

As a member of the Steering Committee and Young Lawyer Liaison for the DRI Construction Law Committee, I am looking forward to our upcoming seminar, “Construction Law: Don’t Roll the Dice or Rely on Chance – An Industry-Guided Approach to Today’s Construction Landscape,” at the Cosmopolitan of Las Vegas from March 1-3, 2017. This year’s program… Read More


January 16th, 2017

EPA Issues New Reporting Rule for Nanoscale Materials – Environmental & Natural Resources Law Section Newsstand – Powered by Lexology. Nanotechnology has been the subject of many “Emerging Claims” presentations at seminars over the past few years, but there are still many unknowns on the insurance coverage and litigation issues. One development likely to be… Read More


January 16th, 2017

In an opinion filed 1/11/17 that should be a cautionary tale for ALL carriers, the South Carolina Supreme clarified the rules for properly reserving the right to contest coverage, for determining whether punitive damages, and for determining the proper time period for coverage allocation in a construction defect case. We issued the following Carrier/Client Alert… Read More


October 3rd, 2016

One of the common complaints at annual meetings of homeowners associations is that assessments are being increased the following year. How much can the association directors increase future assessments without the owners’ approval? Inquiring homeowners should first direct their attention to the Declaration of Covenants, Conditions and Restrictions that governs their community. Most of the… Read More


older posts