Jeffrey Nix

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Articles

How Wastewater is Treated to Become Safe for Release to the Environment?

2 months ago | insights.taylorenglish.com | Jeffrey Nix

The United States creates approximately 34 billion gallons of wastewater each and every day both domestically and commercially. The collection, treatment and release of wastewater is governed by Federal law. Wastewater is water that contains contaminants, whether physical, chemical, or biological and is unfit for or human consumption. Every time a citizen flushes a toilet, washes dishes, or does laundry wastewater is created.
Understanding the "Mitigation of Damages" Doctrine

Jan 22, 2025 | insights.taylorenglish.com | Jeffrey Nix

Claimants who suffer damages due to the acts or omissions of another cannot, in most instances, just sit back and allow such costs and damages to accrue. Rather, claimants must take steps, including ordinary care and reasonable diligence, to reduce or eliminate their damages. Such steps are known as the duty to mitigate damages or the doctrine of avoidable consequences. Simply put, a claimant must act like an ordinary, reasonable person would do under similar circumstances.
A Primer on Sick Building Syndrome

Jan 15, 2025 | insights.taylorenglish.com | Jeffrey Nix

“Sick Building Syndrome” otherwise known as poor indoor air quality ("IAQ") renders building occupants sick and/or makes pre-existing symptoms far worse, giving rise to an entire legal industry. Poor IAQ may result from multiple sources, including insects, rodents, asbestos, dust, chemicals pesticides, pet fur, lack of ventilation, and carbon based fuels.
Understanding the Connection Between the "Doctrine of Strict Liability" and the Johnstown Flood

Jan 8, 2025 | insights.taylorenglish.com | Jeffrey Nix

“Strict Liability” or SL is a legal doctrine under which an individual or entity is responsible for all damages caused by an act or omission, without regard to negligence, intent, or any other form of fault. Under the doctrine of SL, responsibility is based upon committing the act, nothing more, nothing less.
Revisiting the 1976 Legionnaires Disease Outbreak!

Dec 4, 2024 | insights.taylorenglish.com | Jeffrey Nix

Those of us who recall the 1976 outbreak of Legionnaires disease should remember the scare of a possible flu-like pandemic. Those who recall the outbreak, are probably not aware the problem arose from the defective design of an HVAC system, in which mold growth in a rooftop cooling tower was inducted into an adjacent air intake duct servicing the building.
Who is Responsible for all These Foodborne Illnesses?

Nov 20, 2024 | insights.taylorenglish.com | Jeffrey Nix

Foodborne illnesses have become commonplace in the United States. The recent outbreak of listeria in products prepared at the Boars Head meat processing plant in Virginia has renewed public concerns over the safety of commercially available foods. The Boars Head outbreak has resulted in nine deaths, and 57 hospitalizations across 18 states, as well as the recall of over seven million pounds of meat.
When do Agents Have Authority to Bind Principals to Contracts?

Nov 13, 2024 | insights.taylorenglish.com | Jeffrey Nix

Construction attorney’s deal with construction contracts on a daily basis. We are constantly drafting, editing, negotiating, and interpreting construction contracts for clients. Yet, seldom are we ever involved with the execution of those construction contracts upon which we advise. Rather, we send the final documents off to clients who handle all aspects of execution, unless and until a problem arises.
Should Prevailing Parties in Litigation Recover Attorney's Fees?

Oct 16, 2024 | insights.taylorenglish.com | Jeffrey Nix

Parties who prevail in litigation throughout the US are generally not entitled to recover costs and attorneys fees, unless provided by contract or statute. The prohibition against the recovery of costs and attorneys fees by the prevailing party is commonly known as the “American Rule”. The rationale behind the American Rule being parties would be prohibited from filing valid lawsuits, if faced with the threat of paying the other sides fees.
The A, B, C's, of the Asphalt Pavement Criss- Crossing Our Country!

Oct 9, 2024 | insights.taylorenglish.com | Jeffrey Nix

The National Interstate and Defense Highways Act of 1956, or ACT, established the interstate highway system throughout the United States and remains the largest public work project in the history of our country. Asphalt, a/k/a blacktop was the predominant material used to surface the highways constructed under the ACT throughout the United States. Of the 2.75 million miles of paved roads and highways in the United States, approximately 95% are surfaced with asphalt.
How Baseball Arbitration Found Its Way Into Resolving Commercial Disputes

Oct 4, 2024 | mondaq.com | Jeffrey Nix

In 1973, Major League Baseball ("MLB") established baseball arbitration, or BBA as a unique process for resolving salary disputes between teams and players within their first six years in the league. BBA involves a fast, equitable solution proposed by the parties, rather than a solution imposed by a third-party arbitrator. Some lawyers counseling parties to commercial disputes have taken notice how BBA can be both highly effective and economical when compared to traditional arbitration.