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Construction
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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.
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December 10, 2024
Biz Owner In $2.8M Worker Tax Scheme Gets 18 Months
A construction company owner who failed to pay $2.8 million in employment taxes by falsely claiming his workers were subcontractors was sentenced to 18 months in prison Tuesday and ordered to pay full restitution, according to Massachusetts federal court documents.
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December 10, 2024
Staffing Co., EEOC Ink $300K Deal In Hiring Bias Suit
A construction staffing company in Minnesota will pay $300,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it wouldn't find work for women, Black people or older people and prompted a worker who complained about it to resign, according to a federal court filing Tuesday.
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December 09, 2024
High Court Again Weighs Reach Of Federal Fraud Statutes
The U.S. Supreme Court on Monday grappled with the question of whether using deceptive means to induce a business transaction with no contemplation of causing economic loss constitutes mail or wire fraud, the latest challenge in a line of cases that seeks to narrow the reach of federal fraud statutes.
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December 09, 2024
Insurer Asks 7th Circ. To Review Faulty Work Coverage Ruling
An insurer urged the Seventh Circuit on Monday to review a ruling requiring it to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages, saying the ruling is contrary to an Illinois Supreme Court decision involving the same issues.
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December 09, 2024
NJ Says Sherwin-Williams' Bid To Stay Pollution Suit Too Late
New Jersey has pushed back against a bid from Sherwin-Williams to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing that the stay request should have been filed months ago.
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December 09, 2024
Judge Axes $33M Suit Challenging Feds' Wildfire Response
An Oregon federal judge has dismissed a suit by two lumber companies claiming that the U.S. Forest Service failed to properly fight a wildfire in the Willamette National Forest, holding that the agency's decisions are shielded under the Federal Tort Claims Act.
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December 09, 2024
Apollo, Santander Invest In $370M Infrastructure Portfolio
Private equity giant Apollo and commercial bank Santander on Monday unveiled plans to partner to invest in a $370 million portfolio of infrastructure credit.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Fed. Circ. Dissects Role of Corrected IP In Construction PGR
A Federal Circuit panel on Friday worked through whether the Patent Trial and Appeal Board had blocked a patent challenger from raising concerns about the validity of claims corrected during a post-grant review, and whether the corrected claims could be addressed in district court.
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December 06, 2024
Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns
The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.
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December 06, 2024
Ex-Conn. Official Seeks To Delay Trial Over Other Legal Case
Former Connecticut state budget official Konstantinos Diamantis asked a federal judge Friday to delay his upcoming corruption trial, because his preparation was derailed by the recent death of his mother and he and his counsel were forced to divide their attention with "another legal matter."
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December 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.
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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.
Expert Analysis
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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.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.