Anaheim California Expert Witness Engineer Directory

Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

November 09, 2025 — Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & Wilmer
In a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”). Arizona’s Unclaimed Property Law Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A). Reprinted courtesy of Ed J. Hermes, Snell & Wilmer, Jeremy J. Stewart, Snell & Wilmer, Benjamin J. Mills, Snell & Wilmer and Emily Statham, Snell & Wilmer Mr. Hermes may be contacted at ehermes@swlaw.com Mr. Stewart may be contacted at jjstewart@swlaw.com Mr. Mills may be contacted at bemills@swlaw.com Ms. Statham may be contacted at estatham@swlaw.com Read the full story...

Why Hurricane Preparedness Isn’t About the Property

November 21, 2025 — Brad Hill - Construction Executive
Along Florida’s 8,436 miles of shoreline, residents face a persistent threat: hurricanes and the often catastrophic damage these natural weather events inflict. Come late summer and autumn, meteorologist forecasts transition from sun and clear skies to overcast days, high winds and heavy rainfall that signal disaster may be afoot. The state’s construction industry is particularly sensitive to volatile weather patterns, with real estate developments at high risk of destruction if hurricanes cross their path. And with each significant weather event, the losses are substantial. According to the National Centers for Environmental Information, there were nearly 100 disaster events in Florida with financial losses exceeding $1 billion each between 1980 and 2024. Reprinted courtesy of Brad Hill, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Five Payne & Fears Attorneys Named 2026 Southern California Super Lawyers

March 10, 2026 — Payne & Fears LLP
Five Payne & Fears attorneys have been named to the 2026 Southern California Super Lawyers list in recognition of their work across a range of practice areas. This honor reflects their dedication to their clients, depth of experience, and the high standard of service they bring to every matter. Read the full story...
Reprinted courtesy of Payne & Fears LLP

EPA Grants Arizona Lead Over Underground Injection Control Program

October 27, 2025 — Patrick J. Paul & John Habib - Snell & Wilmer
On September 10, 2025, the U.S. Environmental Protection Agency (EPA) announced a final rule granting Arizona primacy to administer all classes of underground injection wells under the Safe Drinking Water Act (SDWA). This decision transfers authority for permitting and oversight of the Underground Injection Control (UIC) program from EPA to the Arizona Department of Environmental Quality (ADEQ). UIC Program The UIC program safeguards underground drinking water sources by regulating six classes of wells, from hazardous waste disposal (Class I) to carbon capture and storage (Class VI). States may obtain primacy if they demonstrate their program meets federal requirements. EPA’s approval followed a detailed technical and legal review of Arizona’s application and determined that ADEQ has the resources and statutory authority to implement the program consistent with SDWA. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer and John Habib, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Read the full story...

Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

December 22, 2025 — Lewis Brisbois Newsroom
Fort Lauderdale, Fla. (October 29, 2025) - Fort Lauderdale Associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

Snell & Wilmer Partner Jonathan Frank Named Winner of 2025 Connect CRE’s Lawyers in Real Estate Award

January 13, 2026 — Snell & Wilmer
ORANGE COUNTY — Snell & Wilmer is pleased to announce that Orange County Partner Jonathan Frank has received the 2025 Connect CRE’s Lawyers in Real Estate Award, a distinction honoring attorneys who demonstrate excellence in commercial real estate law while making meaningful contributions to the industry and their communities. The award recognizes legal leaders whose expertise, vision, and dedication set them apart, reflecting a career marked by both professional achievement and civic impact. Read the full story...
Reprinted courtesy of Snell & Wilmer

When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee

November 09, 2025 — Matthew DeVries - Best Practices Construction Law
Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and it is the most important point for everyone in the construction process to understand before signing an arbitration clause: once an arbitrator decides, that decision is almost always final. That reality was reinforced in a recent Tennessee Court of Appeals decision, MidSouth Construction, LLC v. Burstiner (June 12, 2025) (pdf). The case involved a homeowner who tried to overturn an arbitration award following a dispute about defective deck construction. The homeowner argued that the arbitrator’s decision was “fundamentally irrational.” The court rejected that argument. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

If You Get ‘Reported to the Board’ for Your Professional License (Law Note)

January 21, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The NC Board of Architecture and the NC Board of Examiners for Engineers and Surveyors (as well as other Boards, including the NC Licensing Board for General Contractors) have grievance procedures in which anyone – client or not—can file a grievance against you. That’s the bad news. The good news is that the Boards have seen it all before, and if the grievance is someone unhappy about a bill, or using the process to harass you for unfounded reasons, they will recognize those complaints for what they are. HOWEVER, this does not mean that you should treat any grievance, no matter how unfounded, lightly. The first thing you need to do is contact your insurance broker/agent and report the matter. Often times, your insurance carrier will hire an attorney (someone like me) to defend you free of charge (at least up to a certain dollar amount). This is part of your insurance coverage, and you should take full advantage of it. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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