In 2016, California voters approved Proposition 64, the California Marijuana Legalization Initiative (CMLI), which legalized recreational marijuana in the state. The CMLI joins the Medical Marijuana Regulatory and Safety Act (MMRSA), a legislative package regulating medical marijuana consumption, and the Compassionate Use Act of 1996, which gives a person who uses medical marijuana a defense against specific state criminal charges for possession.

New York Partner Jay Kramer was recently quoted by HealthcareInfoSecurity.com in the site’s article, “Boston Children’s Hospital DDoS Attacker Convicted.”

On May 7, 2018, the Fourth Circuit in United States v. Oceanic Illsabe Limited affirmed the conviction and sentencing of a vessel owner and operator for violations of the Act to Prevent Pollution from Ships (APPS).

On May 4, 2018, the Third Circuit in Liberty Woods International v. MV Ocean Quartz affirmed the District Court’s dismissal of the plaintiff’s action for cargo damages while onboard the MV OCEAN QUARTZ. The dismissal was based on the fact that the liability was governed under the carrier’s bill of lading, which contained a foreign forum selection clause for South Korea. The plaintiff appealed, arguing that section 3(8) of the Carriage of Goods by Sea Act (COGSA), which permits in rem suits, invalidates the South Korean forum selection clause because South Korea does not recognize in rem suits.

In Kopetic v. The Port Authority of New York & New Jersey (April 12, 2018), Lewis Brisbois’ client, a governmental entity who owns a container terminal in New York Harbor, was sued by an injured longshoreman who worked for the company operating the container terminal.

The California Legislature has narrowed the scope of enforceable indemnity agreements applicable to licensed architects, engineers, and land surveyors through its amendment of Civil Code § 2782.8. This represents an important development in the allocation of risk in the construction community, since Section 2782.8 previously limited indemnity clauses only as to design professional service contracts with local public agencies entered into on or after January 1, 2007. 

Lewis Brisbois recently obtained a summary judgment dismissal of a third-party suit alleging that the firm’s insured steel company client must indemnify and defend the general contractor in an injured worker's suit.

In January of this year, the California Supreme Court finally decided the long-standing question of whether the “Right to Repair Act” (SB800) provides the sole remedy in California residential construction defect cases, or whether homeowners can also pursue common law remedies (such as strict liability, negligence, etc.) in McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241.