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Construction
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September 24, 2024
Ex-Employee Sues Ga. Boiler Co., Alleging Retaliation
A Black former employee of Combustion and Controls LLC sued the boiler company in Georgia federal court Tuesday, claiming he was treated worse than white co-workers, racially insulted, threatened with violence and ultimately fired after reporting the hostility.
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September 24, 2024
Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild
Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.
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September 24, 2024
Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row
A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.
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September 24, 2024
Insurer Says Telecom Co. Not Covered For Marshall Fire Suits
A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.
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September 24, 2024
Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit
A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.
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September 24, 2024
King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal
Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" minority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.73 billion.
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September 24, 2024
Interior Dept. Awarding $24 Million For Ecosystem Projects
The U.S. Department of the Interior on Monday said it's awarding about $24 million to boost 50 ecosystem restoration projects across 34 states and territories.
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September 23, 2024
Battery Exec Can't Avoid Depo In $2B Plant Fight
Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.
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September 23, 2024
NY Extends Industrial Property Tax Break Application Deadline
New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.
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September 23, 2024
Atlanta Wants Almost-Starbucks Demolition Suit Tossed
The city of Atlanta renewed its efforts Monday to toss a suit from a property owner who says his former restaurant space was illegally condemned, telling a Georgia federal judge that the suit is an attempted end-around of the municipal review process where the spat belongs.
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September 23, 2024
Mich. Township Scores Partial Win In Suit Over Bike Path Law
A Michigan federal judge ruled that Jamestown Charter Township's ordinance allowing authorities to require developers to fund bike path construction is not facially unconstitutional, despite finding the municipality's recent tweaks to the law to be "suspicious."
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
Court Cuts Down Antitrust Suit From Loggers, Landowners
An Oregon federal court has tossed a lawsuit by loggers and landowners that accused Iron Triangle LLC of monopolizing the market for logging services in part of the Pacific Northwest, saying they failed to show the logging and lumber company has monopoly power.
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September 20, 2024
Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss
Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.
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September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar
A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
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September 20, 2024
5th Circ. Reverses Insurer's Early Win In Silo Damage Dispute
The Fifth Circuit reversed an insurer's early win in a coverage dispute with an agricultural cooperative over damage to two grain silos, instead finding that questions remained about whether wind and weather damage because of faulty construction qualified as property damage under the policy.
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September 20, 2024
Slow Development Puts Nebraska District Into Ch. 9
A local development authority filed for Chapter 9 protection in Nebraska after laying out significant funds to install roads and sewer systems for a housing development that was stalled by the 2008 financial crisis.
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September 20, 2024
Tribe's Stateless Status Undoes $1.9M Construction Suit
A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.
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September 19, 2024
Wells Fargo Judge Says NDA Isn't A 'Gag' In Loan Bias Case
A California federal judge on Thursday challenged Wells Fargo's arguments seeking to prevent a former underwriter from testifying as an expert in a proposed class action claiming the bank discriminated against non-white borrowers, saying a confidentiality agreement the ex-employee purportedly signed couldn't be used as a "gag" to silence him.
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September 19, 2024
76ers To Get New Philly Arena In $1.3B Project, Mayor Says
The Philadelphia 76ers are getting a new arena in Chinatown as part of a $1.3 billion project that will bring hundreds of jobs, Philadelphia Mayor Cherelle Parker announced in a video message.
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September 19, 2024
Trade Court OKs Reduced Tariffs On Chinese Wood Floors
The U.S. Court of International Trade greenlet revised antidumping tariffs on Chinese wood flooring, saying the reduction addressed its concerns with how the U.S. Department of Commerce calculated the tariffs for Chinese producers outside Beijing's control.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.
The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.
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September 19, 2024
Commerce Ordered To Explain How It Nixed Steel Duty
The U.S. Court of International Trade remanded the U.S. Department of Commerce's antidumping duty on Italian steel plates for explanation as to why Commerce used an alternative methodology that dropped the duty to 0% while recalculating the tariff.
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September 18, 2024
Iraq Wants DC Circ. To Upend Cypriot Co.'s $120M Award
Iraq has told the D.C. Circuit that it is appealing a lower court decision giving a Cypriot construction firm permission to force the country to satisfy a nearly $120 million arbitral award obtained in a dispute over a major port project.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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Opinion
NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.