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Tennessee’s new peer professional privilege
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Construction and Design Law
Business understanding, legal protection
FMG's Construction & Design Law Section attorneys combine their technical knowledge with legal excellence to resolve the full gamut of construction industry issues, including defective construction and design claims, contract preparation, negligence claims, securing payment, general advice and counsel.
Reach & Depth
FMG’s Construction & Design Law Section attorneys combine their technical knowledge with legal excellence to resolve the full gamut of construction industry issues, including defective construction and design claims, contract preparation, negligence claims, securing payment, general advice and counsel.
We have extensive experience serving the needs of public and private owners, contractors, subcontractors, design professionals and sureties.
Successes
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance, involving water irrigation pumps located on our Client’s property. The Plaintiff, a neighboring landowner, claimed the pumps caused extreme noise while in operation and caused a loss of use relating to areas of his home. The Plaintiff sought damages and an injunction against our client’s use of the pumps. Both sides retained audio sound engineers that measured decibel readings when the pumps were in operation and recorded the ambient noise at the plaintiff’s property line when the pumps were in operation. Only the defense expert’s sound recording went to the jury, Plaintiff voluntarily did not introduce his recordings into evidence and Plaintiff’s expert did not submit their recordings or rely on the recordings to render opinions on Plaintiff’s behalf. The jury was instructed on what level of annoyance constitutes a nuisance under a “reasonable person standard.” Focusing on that standard, Mr. Molinari argued to the jury that they may use their own senses of sight and sound to see the location of the pumps, see the distance between the pumps and Plaintiff’s property and hear for themselves what, if any noise, was produced by the pumps and make a determination on the claim. The jury concluded a reasonable person would not have been annoyed and returned a defense verdict. The defense verdict allowed for the recovery of litigation costs incurred by our Client. This case went through our standard FMG roundtable process, conducted by our Trial Committee, which further supported this trial win and assisted in keeping the defense fees minimal.
Jennifer C. Adair
Partner
Atlanta, GA
Jeffrey L. Alitz
Partner
Boston, MA
Austin Anderson
Associate
Lexington, KY
Marc H. Bardack
Partner
Atlanta, GA | Savannah, GA
Daniel A. Baylson
Partner
Cherry Hill, NJ | Newark, NJ | Philadelphia, PA
Catherine A. Bednar
Partner
Boston, MA
Nicolas Bohorquez
Associate
Atlanta, GA
Gabriel Canto
Associate
Dallas, TX
Jody N. Cappello
Partner
Hartford, CT
William H. Catto
Partner
Philadelphia, PA
Katherine “Kat” C. Chenail
Associate
Boston, MA
William W. Cheney
Partner
Cherry Hill, NJ
Yee S. Cheung
Associate
Houston, TX
Eric M. Coglianese
Associate
Columbus, OH
Amy B. Cowan
Partner
Atlanta, GA
Jonathan D. Crumly, Sr.
Senior Counsel
Atlanta, GA
Amber N. Dailey
Associate
Newark, NJ
Christopher G. Donnelly
Associate
Newark, NJ
Ben N. Dunlap
Partner
Boston, MA
Michael Edwards
Partner
Las Vegas, NV | Phoenix, AZ
Justin P. England
Partner
Dallas, TX
Katherine A. Ferry
Associate
Chicago, IL
Sabrina Abigail Focht
Associate
Dallas, TX
Matthew N. Foree
Senior Counsel
Atlanta, GA
Alexander S. Gebert
Associate
Dallas, TX | Albuquerque, NM
Timothy R. Gilbert
Associate
Nashville, TN
Kaitlyn Grajek
Associate
Newark, NJ | New York City, NY
D. Jeffrey Grate
Senior Counsel
Atlanta, GA
Alicia A. Hagerman
Associate
Las Vegas, NV
A. Neil Hartzell
Partner
Boston, MA | Providence, RI
Kai Hecker
Senior Counsel
Dallas, TX
Lorne G. Hiller
Associate
Nashville, TN | Denver, CO
Doug Holthus
Partner
Columbus, OH
Jilliane Ann Jackson
Associate
Las Vegas, NV
Zachary W. Jarvis
Associate
Atlanta, GA
Matthew Jones
Associate
Dallas, TX | Houston, TX
Jacob M. Jones
Associate
Nashville, TN
Dustin J. Karrison
Partner
Chicago, IL
Julie B. Karron
Partner
Tampa, FL
Kevin G. Kenneally
Partner
Boston, MA
Cameron Kline
Associate
Atlanta, GA
Janice Lai
Partner
Hartford, CT
Erin E. Lamb
Senior Counsel
Philadelphia, PA
Michael W. Lord
Partner
Atlanta, GA
Christopher Lynch
Partner
Hartford, CT
Dana K. Maine
General Counsel
Atlanta, GA | Savannah, GA
Joseph R. Marzilli
Associate
Boston, MA
Katherine A. Mastrobuoni
Senior Counsel
Newark, NJ | New York City, NY
James M. Mathew
Associate
Philadelphia, PA
L. David McCollum
Partner
Atlanta, GA
Thomas K. McCraw
Partner
Boston, MA
William C. Mead
Partner
Cherry Hill, NJ | Newark, NJ
Kenneth G. Menendez
Partner
Atlanta, GA | Savannah, GA
Aaron Miller
Associate
Atlanta, GA
Nerizza Miyamoto
Senior Counsel
Tampa, FL
John S. Moot
Senior Counsel
San Diego, CA
Christina R. Morgan
Associate
Boston, MA
Bryce W. Newell
Associate
Newark, NJ | New York City, NY
Derek R. Noack
Associate
Las Vegas, NV
Jason M. Pannu
Partner
Nashville, TN
Paul Piantino
Partner
Newark, NJ | New York City, NY
Bradford S. Purcell
Partner
Chicago, IL | Chicago, IL
Sean Andrés Rapela
Associate
Boston, MA | Providence, RI
Kolton A. Reed
Associate
Chicago, IL
Sean R. Riley
Partner
Philadelphia, PA | Pittsburgh, PA
Kingshuk K. Roy
Partner
Chicago, IL
Danielle Rudkin
Associate
New York City, NY | Newark, NJ
Melissa A. Santalone
Partner
Tampa, FL
David A. Slocum
Partner
Boston, MA
Tim Soefje
Partner
Dallas, TX | Houston, TX
Edward Storck
Partner
Hartford, CT
Anna Toke
Associate
Newark, NJ | New York City, NY
Andrew M. Vandini
Associate
Boston, MA
Kyle Virgin
Partner
Lexington, KY
Matthew A. Wachstein
Senior Counsel
Cherry Hill, NJ
Zachary H. Waldrop
Associate
Atlanta, GA
Michael B. Weinberg
Partner
Boston, MA
Bradley T. Adler
Partner
Atlanta, GA | Savannah, GA
Jeffrey L. Alitz
Partner
Boston, MA
L. David McCollum
Partner
Atlanta, GA
Jason M. Pannu
Partner
Nashville, TN
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