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Construction
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April 30, 2024
Hospital Says IP Spat Shouldn't Delay Children's Center Build
A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.
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April 30, 2024
Mich. Judge Admits Error In Cutting Predatory Lending Claims
A Michigan federal judge admitted she was wrong to toss fair housing claims alleging a group of real estate companies ran a bulk home buying program that preyed on Black buyers, reviving the claims and reversing a decision to cut a defendant from the case.
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April 29, 2024
Split 7th Circ. Clears Insurers In O'Hare Steel Defect Fight
A split Seventh Circuit affirmed Monday a finding that the Chicago O'Hare International Airport canopy's general contractor can't recoup more than $37.5 million in costs from its insurer over cracked welds in the canopy, finding that the defects in the welds and columns don't constitute property damage under its insurance policies.
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April 29, 2024
Herbert Smith Adds Bankruptcy Pro To Thai Disputes Practice
Herbert Smith Freehills has hired an expert in construction disputes and insolvency and bankruptcy matters as a new partner for its Bangkok office, a move the firm says will strengthen its disputes practice in Thailand's capital.
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April 29, 2024
US, Tribes Defend Water Rule Against States', Biz Groups' Suit
The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Biden Admin's Border Wall Plan Must Be Vacated, Court Told
Texas and Missouri again urged a federal judge Monday to vacate the Biden administration's plan to redirect congressional funding for a southern U.S. border wall as the White House pushed back, saying it would be an overreach to eliminate its directive.
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April 29, 2024
Trade Court Presses Commerce Dept. On Korean Electricity
The question of whether South Korean authorities subsidize the country's steel producers is again before the trade court as of Monday, with the U.S. Department of Commerce heading into a third remand over a 2018 duty review.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Ga. Judge Won't Approve $37K Settlement In FLSA Suit
A Georgia federal judge has refused to approve a settlement between a corporate office furnisher and a former employee who says he was fired after complaining about being stiffed for hundreds of hours of compensable work, finding two provisions in the deal make it impossible to approve.
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April 29, 2024
Connecticut Quarry Crushed By Politics Gets Extra $1.2M
The town of East Haven, Connecticut, and two former officials must pay an additional $1.2 million to a rock quarry that was forced to shutter due a purported political maneuver ahead of the 2017 mayoral race, on top of an existing award of $9.46 million in damages for lost profits, a federal judge has ruled.
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April 29, 2024
DOJ Not Required To Probe Alleged Bias In Boston Contracts
A Boston federal judge won't second-guess a U.S. Department of Justice decision not to investigate allegations of systemic racism in the city's municipal contracting practices, deferring to the department's finding that it lacked jurisdiction for the claims.
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April 29, 2024
IRS To Open $6B 2nd Round Of Advanced Energy Tax Credits
The IRS will start taking applications May 28 from project owners seeking to get part of a $6 billion second round of tax credits for developments that will support the clean energy industry, such as solar glass manufacturing and metal recycling facilities, the agency said Monday.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting
At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.
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April 26, 2024
Real Estate Authority: Homelessness, PFAS, Flood Zones
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on U.S. Supreme Court arguments over local homelessness policies, real estate attorney reactions to new rules on "forever chemicals," and the U.S. Department of Housing and Urban Development's latest take on building standards in flood zones.
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April 26, 2024
Panama Canal Project Fight Sent Back To Chancery
A Delaware federal judge on Thursday remanded litigation arising from a lucrative port project near the Panama Canal in an order that also notes his "deep concerns" over a theory that the dispute belongs in arbitration, made by the companies accused of stealing control of the project.
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April 26, 2024
Pacific Territories Temporarily Freed From 'Buy America' Rules
The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.
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April 26, 2024
Colo. House OKs Lower Age For Historic Structure Tax Credit
Colorado would reduce the age requirement for the properties eligible for the state's historic structures tax credit, postpone its sunset and make other changes under legislation approved by the state House on Friday.
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April 25, 2024
Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling
Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.
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April 25, 2024
9th Circ. Upholds $1.7M Injury Verdict Against Genie
Equipment manufacturer Genie Industries Inc. can't upend a jury verdict and a $1.7 million judgment awarded to a Portland, Oregon, shipyard worker who was injured by the company's allegedly defective lift boom, the Ninth Circuit has ruled, rejecting the arguments that he failed to prove his injuries were permanent.
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April 25, 2024
McDermott Judge U-Turns, Says Some Investors Deserve Cert.
A Texas federal magistrate judge reversed his recommendation that investors be denied class certification in litigation over McDermott International's $6 billion merger with Chicago Bridge & Iron, saying a former CB&I shareholder class "should be certified now" and a putative McDermott stock purchaser class be created for subsequent consideration.
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April 25, 2024
Ex-Philly Union Leader's 3rd Trial Ends In Deadlock
A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.
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April 25, 2024
Atty Sued For Malpractice Can't Rep His Firm, Ex-Client Says
A Seattle real estate broker suing her former attorney for allegedly botching arbitration proceedings has told a Washington state judge that that attorney can't both be a defendant and represent his firm in their counterclaims for unpaid fees.
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April 25, 2024
Court Brushes Off Door Co.'s Bid To Hasten Duty Refund
The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.
Expert Analysis
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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What To Consider When Converting Calif. Offices To Housing
In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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3 Action Items For Contractors Facing A Gov't Shutdown
Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Insurance Cos. Are Stretching Construction Standard Limits
In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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How To Create A California-Compliant Piece-Rate Pay Policy
Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.