Jaleesa Smith, Author at SGR Law

Jan 12, 2021

Georgia Contractors Forfeit Contract Rights if Performing Work While Unlicensed

A recent Georgia Court of Appeals case highlights the serious risks contractors face if they operate in Georgia without a valid contractor’s license: they forfeit all rights to enforce their contracts. In Saks Management and Associates, LLC v. Sung General Contracting, Inc.[1], general contractor Sung General Contracting, Inc. (“Sung General”) entered into a contract with Saks Management and Associates, LLC (“Saks”) to renovate an apartment complex owned by Saks.[2] Saks terminated Sung General for failure to timely and properly complete its work, and then brought a lawsuit against Sung General to recover its damages.[3] Sung General responded to the lawsuit… Read more

Jan 6, 2021

DuPont Motion for Mistrial in PFAS Verdict Denied

The U.S. District Court for the Southern District of Ohio on Thursday denied DuPont’s request to declare a mistrial after a jury awarded damages of $50,000,000 to Plaintiffs for exposure to a type of PFAS produced by DuPont. PFAS, which are known as “forever chemicals” for their ability to persist in the environment, have been linked to cancer and other serious health problems. DuPont’s failed mistrial Motion is the latest development in a wave of litigation with hundreds of cases pending across the U.S. against chemical companies who produced PFAS. The Ohio case is part of a long running collection… Read more

Dec 17, 2020

Ten Northeastern States to Divide $120,300,000 in Proceeds from Cap and Trade Program

The Regional Greenhouse Gas Initiative (“RGGI”), a multistate Cap and Trade Program, sold carbon allowances for $7.41 in the final quarter of 2020 – recognizing revenue of $120,300,000 which can be used to reinvest in energy efficiency and renewable programs in the 10 participating northeastern states. Participating states have benefited from RGGI’s bipartisan, market-based approach to climate change, while consumers across participating states have benefited from local investments in clean energy and efficiency. Prices for carbon allowances are expected to grow as more states petition to join RGGI, and as more states attempt to “decarbonize” their energy production. For more… Read more

Dec 2, 2020

Representative Dingell Will Make Regulation of PFAS Chemicals Top Congressional Priority

Representative Dingell (D-MICH) said on Tuesday, November 17th that legislation which would require the EPA to regulate the so-called “forever chemicals” will be reintroduced in January as soon as Congress begins its new session. Dingell was the sponsor of the PFAS Action Act that passed the House last January, and has indicated her intention to reintroduce the bill. If the bill passes, it would require the EPA to set cleanup standards and enforceable drinking water limits for at least some PFAS chemicals, and would also ban the chemicals from materials that could touch food and cosmetics. Representatives in Congress will… Read more

Nov 18, 2020

Real Estate Investors Increasingly Considering Climate Risk in Investment Models

According to a report from the Urban Land Institute, real estate investors and developers are increasingly considering climate risk factors when deciding where to buy or build. One major component of this analyses is looking at how prepared local governments are to face such climate change events. According to the report, investors are looking beyond the individual assets and assessing a city’s preparedness for climate change, but the models and metrics they need are still in their infancy. The growing concern among real estate professionals is shared by many in the broader investment community as well. In July, nonprofits, pension… Read more

Nov 4, 2020

U.S. Trade Court Blocks Trump Administration Bid to End Solar Tariff Loophole

On Saturday, October 24, a U.S. Trade Court temporarily blocked the Trump administrations’ attempt to close a tariff loophole for double-sided solar panels. The 2018 tariffs were an attempt by the Trump administration to get tough on China which dominates the solar panel manufacturing industry, and to boost the U.S. industry. The administration approved four years of tariffs on solar panel imports, starting at 30%, and being reduced by five percentage points each subsequent year. The tariffs granted the exclusion for bifacial panels, as those panels were considered a niche product at the time. The administration now claims that it… Read more

Nov 2, 2020

Yellowstone Proceedings and the Pandemic: Do COVID-19 Mandates Frustrate Performance?

The legal press is rife with articles and speculation about the defenses of impossibility and/or frustration of performance to lease defaults triggered by state and local mandates prohibiting or limiting access to businesses. A decision released last week addressed that issue. Rame, LLC leased space at 200 Park Avenue from Metropolitan Realty Mgt., Inc. In September 2020, Metropolitan sent Rame a notice of default, alleging that it owed unpaid rent from December 1, 2017 through September 1, 2020 in the amount of $1,863,821.70, and set a deadline of on or before September 14, 2020 to cure the default. Rame sought… Read more

Oct 23, 2020

Do Inability to Perform Catchall Provisions Excuse Non-Performance Due to the COVID-19 Pandemic?

Many contracts contain an “inability to perform” provision. And these same provisions also often times provide specific excusable reasons for a party to not perform, followed by a catchall statement, setting forth “or any other cause beyond the parties reasonable control, whether or not such other cause shall be similar in nature to those hereinbefore enumerated”. With the COVID-19 pandemic still in full effect, businesses across New York City have begun to face significant economic hardships, and are thus pointing to this catchall statement, as confirmation that they are likely excused from performing their contractual duties. However, they should not… Read more

Oct 21, 2020

EPA Proposes New Aircraft Emission Standard

For the first time, the EPA has proposed a rule setting an emission standard for nearly all commercial aircraft for greenhouse gas emissions. The EPA’s proposed standard closely follows the standard adopted by the International Civil Aviation Organization in 2017, which was the world’s first global design certification standard governing CO2 emissions for aircraft. The EPA standard would apply to all covered aircraft for which a new design type certificate is requested on or after January 1, 2020, and would apply to in-production aircraft beginning January 1, 2028. The proposed rule is expected to have little impact on manufacturers as… Read more

Oct 7, 2020

U.S. Supreme Court Agrees to Hear Procedural Challenge to Climate Change Cases

Last week, the U.S. Supreme Court added to its docket a climate change case filed by the City of Baltimore against major oil and gas companies seeking to recover the cost of local climate impacts including flooding and heat waves. Baltimore’s claims, filed in state court under state common law, mirror allegations against the oil and gas industry in lawsuits from state and local governments in California, Colorado, Rhode Island and elsewhere. Defendants in the case are seeking to remove the cases from state court to federal court where they believe the court will be less willing to entertain expansive… Read more