September 2018 Archives

Maryland Court of Special Appeals Affirms Jury Verdict Against Asbestos Installer Even Absent Direct Evidence That Installer Used Asbestos-Containing Materials at a Particular Site

In Wallace & Gale Asbestos Settlement Trust v. Busch, a decision released on September 26, 2018 by the Court of Special Appeals of Maryland, the state's intermediate appellate court affirmed the jury verdict entered in favor of the Estate of William Busch, Jr. against Wallace & Gale Asbestos Settlement Trust ("Wallace & Gale"), finding that Mr. Busch developed mesothelioma as a result of exposure to asbestos-containing insulation products installed by Wallace & Gale during the construction of Loch Raven High School ("LRHS").

What does a construction defect claim mean to a contractor?

In the construction industry, construction defects are common. Correcting defective construction is already expensive, and a construction defect claim can pose a greater financial threat to a business or operation. Projects nationwide are impacted by defective construction and defective conditions. Lawsuits can be fought when the right defense(s) are identified.

Virginia Supreme Court Further Restricts Liability for Third-Party Criminal Acts, Holding that a Tort Claim Based on the "Voluntary Assumption of Duty" Theory Requires the Assumption of Duty to Be Expressly Assumed, Not Merely Impliedly Assumed

On September 27, 2018, the Virginia Supreme Court released its decision in the Terry v. Irish Fleet, Inc. case, further clarifying limitations on the ability for victims of criminal acts to bring suit for their injuries and damages against persons who did not commit the criminal acts.  In affirming the trial court's dismissal of the case on demurrer (a motion to dismiss for failure to state a claim), the Court found that the amended complaint against several defendants alleging, among other things, that a taxicab fleet operator and dispatching service assumed a duty to warn cab drivers of suspicious calls from potential riders and was negligent in fulfilling that duty, was premised on an implied undertaking, and was therefore insufficient to state a tort claim based on the concept of assumption of duty. 

Emerging technologies to transform construction industry

Though concrete is the foundation of today's construction industry, it's a flawed material that cracks, stains and crumbles over time and exposure to the elements and pollution. A software designer and researcher says emerging technologies "will soon radically change how the construction industry builds and what it builds with."


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MacDonald Law Group, LLC

MacDonald Law Group, LLC
11720 Beltsville Drive, Suite 1050
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