New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007
March 31, 2026 —
Sophia L. Cahill - SheppardEffective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules.
What Changes
Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed.
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Sophia L. Cahill, SheppardMs. Cahill may be contacted at
scahill@sheppard.com
BWB&O Recognized Among 2026 Best Law Firms® in the United States
December 08, 2025 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce its inclusion in the 2026 edition of Best Law Firms® in the United States, receiving national and regional rankings across multiple practice areas for the sixth consecutive year.
National Tier 3
Regional Tier 1:
Orange County
- Family Law
- Personal Injury Law
- Construction Law
Regional Tier 2:
Los Angeles and Las Vegas
San Diego
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Bremer Whyte Brown & O'Meara LLP
Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose
December 30, 2025 —
Justin Rice - Engineering News-RecordA disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan.
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Justin Rice, Engineering News-RecordMr. Rice may be contacted at
ricej@enr.com
Reminder: FOLLOW Your Well Drafted Contract Provisions
February 17, 2026 —
Christopher G. Hill - Construction Law MusingsI have early and very often stated that your
contract is the basis for everything relating to your construction project. Everything from “
no damages for delay” clauses to
attorney fees to
indemnity are found in those documents. A well drafted construction contract
sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things
should there be any dispute later.
However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and
highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is
only as good as those that are following it.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Collapse Claim Dismissed as Untimely
January 26, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe insureds’ suit for coverage due to a collapse of their barn was dismissed while the bad faith against the insurer survived. Funaro v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 227346 (W. D. Pa. Nov 19, 2025).
The insureds’ barn was insured by State Farm. The insureds alleged that the barn roof collapsed from the weight of snow, causing damage to the structure of the barn itself and the contents of the barn (including a custom French stove that the insureds alleged was worth between $90,000 and $100,000).
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
The LA Fires Destroyed 11,000 Homes. Less Than 10% Have Permits to Rebuild
October 27, 2025 —
Michelle Ma & John Gittelsohn - BloombergOf the thousands of residents needing to rebuild after this year’s California wildfires, Andy Weyman would seem especially well positioned. The TV and stage director had remodeled his Malibu home just five years earlier and had city-approved blueprints in hand, with the same architect set to oversee reconstruction.
Yet eight months after the Palisades Fire destroyed almost 600 Malibu houses, the city has issued only two rebuilding permits. Weyman needed geological tests to ensure the stability of his bluff-top lot. Construction costs are roughly double his insurance coverage. In August, his architect died.
Reprinted courtesy of
Michelle Ma, Bloomberg and
John Gittelsohn, Bloomberg Read the full story...
New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings
January 21, 2026 —
Brian Slome - Lewis BrisboisSan Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not.
The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications.
Who Is Covered
The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online.
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Brian Slome, Lewis BrisboisMr. Slome may be contacted at
Brian.Slome@lewisbrisbois.com
Anatomy of an Insurance Dispute
November 04, 2025 —
Will S. Bennett - Saxe Doernberger & Vita, P.C.In early 2025, we participated in a panel discussion about the similarities and differences in the process of resolving a disputed insurance claim. We were both so taken by the striking differences in the process and had such a good time learning about each other’s process that we decided to prepare this joint article to share with a wider audience.
Comparatively examining the anatomy of an insurance dispute in the US and the UK is an exercise in contrasts. In many ways, the two are strikingly opposite. Here, we examine, from start to finish, how the process differs in the two jurisdictions and how those differences may contribute to different outcomes, and discuss what lessons perhaps can be gleaned from each other’s experience.
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