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Construction
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June 28, 2024
Litigation Pro Joins Bradley Arant From Houston Boutique
Bradley Arant Boult Cummings LLP has strengthened its litigation practice in Texas with a partner who came aboard from Houston corporate law firm BoyarMiller.
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June 27, 2024
Milwaukee Tool Accused Of Selling Gloves Made By Prisoners
Milwaukee Tool has touted itself as having "no tolerance for forced labor," all the while selling work gloves made by inmates at a Chinese prison, according to a lawsuit filed by a former prisoner in Wisconsin federal court Thursday.
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June 27, 2024
Sen. Brown Asks White House To Enforce Mexican Steel Curbs
Sen. Sherrod Brown, D-Ohio, has argued an alleged surge of Mexican steel into the U.S. threatens to undermine the domestic economy in a letter urging the Biden administration to enforce a trade deal restricting Mexican steel.
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June 27, 2024
IRS To Offer Combined Filing For Energy Investment Credits
The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.
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June 27, 2024
Construction Co. Ordered To Stop Misusing Credentials
A construction engineering firm was ordered by a Massachusetts state court judge on Wednesday to stop identifying an employee as a construction supervisor on projects he's not involved with.
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June 27, 2024
NY Historic Building Rehab Tax Credits Apply Per Structure
New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.
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June 27, 2024
Commerce Defends Argentine Oil Pipe Levies On Remand
The U.S. Department of Commerce did not double count companies backing the petition that prompted its dumping probe into oil and gas pipes from Argentina, the agency held in its response to a trade court remand order.
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June 27, 2024
Widow Sues Safety Consultant, Strap Maker Over Fatal Drop
The widow of a Pennsylvania man who was fatally injured when a nylon strap holding up a one-ton piece of equipment broke has filed a lawsuit in state court against the manufacturer of the strap, along with the safety consulting company she claims failed to properly assess and train the workers.
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June 27, 2024
No Sentencing Delay For Ex-Union Head Ahead Of Retrial Date
A Pennsylvania federal judge has rejected former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty's request to postpone his sentencing for his bribery and embezzlement convictions ahead of the government possibly retrying him on extortion charges following an April mistrial.
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June 27, 2024
Feds Must Redo Tire Duties Again, After Writing Off One Co.
The U.S. Court of International Trade ordered the U.S. Department of Commerce to again rework anti-dumping duties on Chinese tires, taking issue with how the department selected one of the mandatory respondents for the investigation.
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June 27, 2024
Feds Back Debevoise Bid To Avoid Cognizant Trial Testimony
The U.S. Department of Justice would like a New Jersey federal court to throw out a subpoena compelling trial testimony from a Debevoise & Plimpton LLP partner regarding an investigation into an alleged bribe the government believes two former Cognizant Technology Solutions executives supplied to an Indian company.
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June 27, 2024
Susan Sarandon Can Get Home Contractor's Bank Records
A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.
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June 26, 2024
Construction Co. Targets Insurer Over $12.3M Arbitral Award
A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Travelers Nabs Partial Win In Asbestos Coverage Dispute
A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.
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June 26, 2024
Demolition Worker's Family Sues FirstEnergy Over Fatal Fall
The family of a Michigan man who died during the demolition of a former coal-fired power plant in Southwestern Pennsylvania has filed a lawsuit in Pennsylvania state court against the plant's operators, claiming that better plans, inspections and safety measures could have prevented his fatal fall in 2022.
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June 26, 2024
Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence
Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.
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June 26, 2024
Judge Sides With Army Corps, Costco On Wetlands Permit
The U.S. Army Corps of Engineers did not violate the Clean Water Act when it issued a wetlands permit for the development of a new Costco store, a Washington federal judge said in ruling against residents who opposed the project.
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June 26, 2024
Ex-Worker Says NC Justices Needn't Review Carcinogen Test
A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.
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June 26, 2024
Energy Cos. Trash Toshiba Depo Tactics Over $500M Upgrade
Michigan's largest energy companies told a federal judge that a Toshiba attorney berated and tried to provoke their witness during a deposition in their case alleging Toshiba botched a $500 million plant upgrade, urging the judge to reject Toshiba's sanctions request for the witness's supposed intransigence.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
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June 25, 2024
1 Of 2 Carriers Off Hook For $8M Garage Damage Verdict
An insurer for a now-defunct maintenance company has no duty to cover an $8 million jury verdict it faces over parking garage damage, an Indiana federal court ruled, adding that whether a separate insurer for the company must foot the bill can not yet be determined.
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June 25, 2024
Wash. Contractor, Insurer Resolve Redress Cost Dispute
A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.
Expert Analysis
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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Breaking Down Insurers' Improper Recoupment Efforts
In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.
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House Bill Could Help Resolve 'Waters Of US' Questions
Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.