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Construction
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
NYC Council OKs Mayor's Affordable Housing Plan
The New York City Council passed a package of zoning reforms designed to spur housing production, greenlighting Mayor Eric Adams' City of Yes for Housing Opportunity plan after the city and state agreed to earmark $5 billion in funding to accompany the zoning overhaul.
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December 06, 2024
Insurer Escapes Defending Developer's Ga. Tree Removal
A Georgia federal judge freed an insurer Friday from defending developers blamed for wrongfully cutting down 120 feet of trees on a property line shared with a children's summer camp, finding the act was intentional.
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December 06, 2024
Biz Owner In $2.8M Worker Tax Scheme Asks To Avoid Prison
A construction company owner who admitted skirting $2.8 million in employment taxes by claiming that his workers were subcontractors, including one who fell to his death on a job, asked a Massachusetts federal court Friday for a sentence of home confinement rather than prison.
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December 06, 2024
Offit Kurman Adds Lanak & Hanna Environmental Atty In LA
Offit Kurman Attorneys At Law continues expanding its two-year-old Los Angeles office, announcing Thursday it is bringing in a Lanak & Hanna PC construction, environmental and real estate litigator as a principal.
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December 05, 2024
3rd Circ. Unsure Pa. Regulator Had Right To Deny Project
Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.
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December 05, 2024
Judge Backs Army Corps' Denial Of Bidder On $5M Project
A federal claims court judge on Wednesday affirmed the government's decision to reject an Illinois company's bid for a $5 million island habitat restoration, saying its ratings for past work and difficulties with an ongoing project were both fairly considered.
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December 05, 2024
Insurer Says Fake Adjuster Cost It $800K
An insurer told a Puerto Rico federal court that a lying and unlicensed adjuster and his company illegally stepped into a dispute with its insured, costing the carrier at least $800,000 while trying to compensate the territory's highway and transportation system for hurricane damages.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 03, 2024
Monsanto Expert Says No PCB Link To Kids' Conditions
Monsanto began its defense case Tuesday in the latest PCB trial with an OB/GYN who said he didn't believe that any of three sisters' skin problems or premature puberty stemmed from exposure to the chemical.
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December 03, 2024
AIG Unit Seeks Payback For $2.9M BJ's Injury Payouts
An AIG unit asked a New York federal court to force another insurer to cover at least part of the $2.9 million it spent settling two construction injury suits after ironworkers fell off ladders while building a Brooklyn, New York, BJ's Wholesale Club in 2014.
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December 03, 2024
Insurance Execs Charged With $250M Fake Policy Scheme
An insurance company and two executives issued bogus insurance policies purporting to offer over $250 million in coverage to companies and homeowners, according to an indictment announced by the Manhattan district attorney Tuesday.
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December 03, 2024
KPS To Acquire Resin Maker Ineos Composites In $1.8B Deal
Private equity shop KPS Capital Partners LP, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced plans to buy resin maker Ineos Composites, led by Slaughter and May, for roughly €1.7 billion ($1.8 billion).
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December 02, 2024
Monsanto PCB Jury Is Told Cancer Link Isn't Solid
A longtime Monsanto PCB expert told a Washington state court jury Monday that there is no solid evidence that the once-ubiquitous chemicals cause cancer in humans, saying "a cancer death here, a cancer death there" isn't conclusive.
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December 02, 2024
Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit
Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.
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December 02, 2024
Pa. Justices To Weigh Asbestos Suits For Defunct Co.'s Parent
The Supreme Court of Pennsylvania will take up an appeal over whether a case can pierce the corporate veil to turn tort claims against a dissolved company into claims against its parent company.
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December 02, 2024
Judge Trims Berkshire Unit's $20M Antitrust Trial Loss By 10%
A Colorado federal judge has rejected an effort by a Berkshire Hathaway-owned construction supplier to reverse a jury verdict against it for monopolistic practices, but agreed to trim a $20 million judgment by nearly 10% to prevent a potentially "expensive retrial."
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December 02, 2024
Mich. Justices Take Up Contractor's 'Fees For Fees' Appeal
The Michigan Supreme Court has agreed to review whether a construction contractor was entitled to additional attorney fees for time spent arguing that it was entitled to a fee award in its lawsuit alleging that a county-level road agency failed to disclose information about its hiring of minority-owned contractors.
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December 02, 2024
Shipping Industry Braces For Waves Of New Trump Tariffs
After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Developer Settles Landslide Claims From Ryan Homes, Town
The bankrupt developer of a housing project that was beset by landslides has settled with a construction company and a Western Pennsylvania township in exchange for finishing some of its remaining cleanup work and giving the township the remaining lots, burying a six-year dispute.
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November 27, 2024
WSFS Sues Sign-Maker After Letter Falls From Philly Rooftop
Wilmington Savings Fund Society FSB is suing the manufacturer and installer of logo signs placed at the top of buildings in Philadelphia, Pennsylvania and Wilmington, Delaware, alleging breach of contract and professional negligence claims after a large portion of the 'W' on its Philly building broke off and fell 40 stories to the ground.
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November 27, 2024
Howard Hughes Corp. Beats Hurricane Harvey Flood Suit
A Texas state appellate court has sided with Howard Hughes Corp. and an engineering company in an appeal brought by homeowners who claimed the companies were liable for property damage caused by Hurricane Harvey in August 2017.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3rd. Circ. Ruling Shows Employers Where To Put ADA Focus
A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Inspecting The New Int'l Arbitration Site Visits Protocol
The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.