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One of the defects du jour we have been seeing in our practice the last few years relates to exterior finishes on buildings, primarily claims of excess cracking and/or debonding of stucco resulting in water intrusion issues.  Initially, plaintiffs were content with remedying the alleged defects in the stucco by location; however, more and more experts are now calling for the complete replacement of exterior wall systems.  Recently, we  had a case where an expert was claiming the stucco had to be completely removed and replaced on all four faces of a hi-rise residential condominium because it was debonding (despite the fact it took a jackhammer to even loosen the stucco).  We have also seen proposals to replace stucco with an Exterior Insulation and Finish System (“EIFS”), a synthetic product that looks like stucco.  However, EIFS is not a perfect solution and has problems of its own.

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With more than 70 percent of omen with children currently in the workforce, pregnancy discrimination is the fastest growing area of discrimination cases in the United States.  The U.S. Equal Employment Opportunity Commission (EEOC) asserts that over the last 10 years pregnancy discrimination charges filed with the EEOC have increased over 35 percent. While many pregnant workers are able to continue working throughout their pregnancy, fully understanding the legal rights afforded to pregnant workers under the applicable laws, including the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), is necessary for the full protection of our pregnant workers, especially those workers who experience pregnancy-related complications.

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The December 16, 2013, decision issued by the United States Supreme Court inHeimeshoff v. Hartford Life & Acc. Ins. Co., 134 S. Ct. 604 (2013), spread holiday cheer throughout the insurance industry. In Heimeshoff, the Court unanimously held that contractual limitations periods contained within employee benefit plans covered by ERISA are generally enforceable even when the contractual limitation period begins to run before a participant’s cause of action under 29 U.S.C. § 1132(a)(1)(b) has accrued. See Heimeshoff, 134 S. Ct. at 608.

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San Francisco passes retail worker 'bill of rights'  - CNN Money 11/26/2014
U.S. regulator orders national Takata driver-side air bag recall  - Reuters 11/26/2014
Washington Redskins can sue actual American Indians over trademarks  - Inside Counsel 11/26/2014
Justice Ginsburg Has Heart Stent Inserted, High Court Says  - Bloomberg 11/26/2014
Feds close Jeep rear-crash and Ford steering probes  - USA Today 11/26/2014
4th Circuit makes new law: Remands based on fraud can be undone  - Reuters 11/26/2014
GM Can’t Move California Prosecutor’s Lawsuit to New York  - Bloomberg 11/26/2014
Court to weigh whether employers must accommodate pregnant workers with the same limits as others  - ABA Journal 11/26/2014
NFL, Union Discuss Personal Conduct Policy  - ABC News 11/26/2014
Hackers lock Sony Pictures employees out of computers, steal private data  - Inside Counsel 11/26/2014
Redskins Can Sue American Indians Over Team’s Trademark  - Bloomberg 11/26/2014
Paying workers with health issues to get exchange-market insurance violates the law, feds say  - ABA Journal 11/26/2014
United Mine Workers responds to strike complaint  - Yahoo!Finance 11/26/2014
The 4 November privacy stories you need to be watching and why  - Inside Counsel 11/26/2014
Feds Ignore Climate Change to Cash in on Coal  - Courthouse News Service 11/26/2014

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