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Construction
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December 16, 2024
US Lends $9.6B To Build EV Battery Plants In The South
The U.S. Department of Energy has agreed to loan Ford Motor Co. and South Korean battery manufacturer SK On up to $9.63 billion for a joint venture that includes building electric vehicle battery plants in Tennessee and Kentucky, according to a Monday statement.
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December 16, 2024
High Court Bar's Future: Latham's Roman Martinez
Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.
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December 16, 2024
IRS Corrects Regs On Direct Pay Of Partnership Tax Credit
Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
Texas Panel Prods Harrison County About Tank Leakage
A Texas appeals court judge on Friday questioned whether Harrison County is seizing on a legal ambiguity to avoid required testing of underground storage tanks, saying its loose interpretation of the word "year" in a state law "doesn't sound like a very good idea."
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December 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.
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December 13, 2024
Retirees Say Lumber Co.'s $1.5B Pension Transfer Upped Risk
A wood product manufacturer violated federal benefits law when it transferred $1.5 billion of pension obligations to a private equity-backed insurance company, substantially increasing the risk that retirees will see their benefits slashed, according to a proposed class action filed in federal court.
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December 13, 2024
Balance Of Equities Favors Tribal Emergency Shelter, Court Told
A Washington tribe says it's likely to prevail in a challenge that looks to block the city of Toppenish from enforcing an ordinance on a 24-hour emergency cold weather shelter, arguing that the municipality concedes that the unhoused are likely to face serious injury or death absent court intervention.
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December 13, 2024
Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims
An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.
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December 13, 2024
Construction Co. Fights Stay In Small Biz Qui Tam Suit
The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.
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December 13, 2024
Fight Over $40M Discount For Boston Casino Headed To Trial
A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.
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December 12, 2024
Carlisle Cleared In Patent Trial Over Spray Guns
Jurors cleared Carlisle's construction materials company on Thursday from allegations in Delaware federal court that the Pennsylvania company was infringing a single claim in a rival's patent that covered a spray gun marketed to construction workers.
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December 12, 2024
Mich. Judge Hesitant To Rule On $217M Dam Repair Tax
A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases
A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.
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December 12, 2024
Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit
A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.
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December 12, 2024
Hartford Needn't Defend Contractor In Workplace Injury Suit
A Hartford unit has no duty to defend an electrical contractor against an employee's workplace injury suit, the New Jersey Supreme Court ruled Thursday, saying the underlying negligence- and intent-based claims don't fall within the scope of a workers' compensation and employers' liability policy.
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December 11, 2024
Texas Sues 3M And DuPont Over Forever Chemicals
Texas launched a suit against 3M and DuPont for "misrepresentations and key omissions" the companies made about so-called forever chemicals, telling a state court on Wednesday that the companies lied to the public about the harmful chemicals for over 50 years.
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December 11, 2024
Ex-Rep. TJ Cox Reaches Plea Deal On Fraud Charges
Former U.S. Rep. T.J. Cox reached a deal with California federal prosecutors and agreed to plead guilty to two charges and pay up to a $3.5 million fine over allegations he stole from his companies and took illegal campaign contributions, according to a plea agreement filed Wednesday.
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December 11, 2024
Metals Co. Gets $1.1M Verdict In Fireproofing IP, Transfer Feud
A Washington federal jury has awarded a company with nearly $786,000 in damages after finding that an ex-employee and another business willfully induced customers to infringe its patents for fire-resistant construction assembly products, plus another $300,000 for a fraudulent transfer of assets.
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December 11, 2024
Suit Says Plastic Bag Maker Owes $3M For Property Damage
An Illinois property owner said Bio Star Films, a maker of plastic shopping bags, must pay over $3 million for repairs to five industrial buildings it leased in Chicago for recycling and plastic manufacturing, according to a lawsuit filed in state court.
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December 11, 2024
Metal Recycler Accused Of Polluting Connecticut Streams
Global industrial recycling firm Sims Metal was hit with a Clean Water Act lawsuit by an environmental watchdog group claiming the company lets stormwater and snow runoff drag metal particles and other pollutants into streams that enter Long Island Sound in greater New Haven, Connecticut.
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December 10, 2024
GAO Backs Army's Rejection Of Iraqi Contractor's Proposals
The U.S. Government Accountability Office backed the U.S. Army Corps of Engineers' rejection of an Iraqi construction contractor's proposals for a design-build contract, saying the Corps reasonably deemed the contractor "non-responsible" for being ineligible to access an Air Force base.
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December 10, 2024
Ohio Justices Undo Paint-Maker's Lead Paint Coverage Win
Insurers for Sherwin-Williams Co. don't have to cover the paint-maker's portion of a $305 million settlement to abate lead paint in California homes, the Ohio Supreme Court ruled Tuesday, finding the payment does not qualify as damages under its commercial general liability policies.
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December 10, 2024
Wash. HOA Can't Get Early Win Bid In Water Damage Row
A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.
Expert Analysis
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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A Shift In Control Of Congress May Doom These Enviro Regs
If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.