Events
Webinar – PFAS Forecast: New regulations lead to new Liabilities for businesses and carriers
6/28/22
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.
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.
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
Daniel A. Baylson
Partner
Cherry Hill, NJ | Newark, NJ | Philadelphia, PA
Catherine A. Bednar
Partner
Boston, MA
Mark R. Bittner
Associate
Newark, NJ
Nicolas Bohorquez
Associate
Atlanta, GA
Michael P. Bruyere
Of Counsel
Tampa, FL | Atlanta, GA
Gabriel Canto
Associate
Dallas, TX
William H. Catto
Partner
Philadelphia, PA
William W. Cheney
Partner
Cherry Hill, NJ
Amy B. Cowan
Partner
Atlanta, GA
Ben N. Dunlap
Partner
Boston, MA
Matthew N. Foree
Senior Counsel
Atlanta, GA
Samuel D. Gallman
Associate
Los Angeles – LAX, CA
Kaitlyn Grajek
Associate
Newark, NJ | New York City, NY
D. Jeffrey Grate
Senior Counsel
Atlanta, GA
Lorne G. Hiller
Associate
Nashville, TN
Doug Holthus
Partner
Columbus, OH
Matthew Jones
Associate
Dallas, TX | Houston, TX
Jacob M. Jones
Associate
Nashville, TN
Kevin G. Kenneally
Partner
Boston, MA
Janice Lai
Partner
Hartford, CT
Erin E. Lamb
Associate
Philadelphia, PA
Michael W. Lord
Partner
Atlanta, GA
Christopher Lynch
Partner
Hartford, CT
Dana K. Maine
General Counsel
Atlanta, GA
Katherine A. Mastrobuoni
Senior Counsel
Newark, NJ | New York City, NY
Courtney K. Mazzio
Associate
Philadelphia, PA | Cherry Hill, NJ
Jacob McClendon
Associate
Atlanta, GA
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
Aaron Miller
Associate
Atlanta, GA
Nerizza Miyamoto
Senior Counsel
Tampa, FL
John S. Moot
Senior Counsel
San Diego, CA
Bryce W. Newell
Associate
Newark, NJ | New York City, NY
Jason M. Pannu
Partner
Nashville, TN
Paul Piantino
Partner
Newark, NJ | New York City, NY
Sean Andrés Rapela
Associate
Boston, MA
Christopher J. Redd
Associate
Boston, MA
Eric Retter
Associate
Atlanta, GA
Sean R. Riley
Partner
Philadelphia, PA | Pittsburgh, PA
Melissa A. Santalone
Partner
Tampa, FL
David A. Slocum
Partner
Boston, MA
Tim Soefje
Partner
Dallas, TX | Houston, TX
Edward Storck
Senior Counsel
Hartford, CT
Svjetlana Tesic
Associate
Newark, NJ
Alec D. Tyra
Associate
Sacramento, CA
Kyle Virgin
Partner
Lexington, KY
Matthew A. Wachstein
Associate
Cherry Hill, NJ
Michael B. Weinberg
Partner
Boston, MA
Daniel Wolcott
Associate
Atlanta, GA
Jeffrey L. Alitz
Partner
Boston, MA
L. David McCollum
Partner
Atlanta, GA
Jason M. Pannu
Partner
Nashville, TN
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