Construction

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Real Estate Recap: Climate Risk, Cooling Mandates, Reuse

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.

  • October 04, 2024

    Trade Court Won't Revisit Penalty Duty On Indian Flanges

    The U.S. Court of International Trade wouldn't reconsider a U.S. Department of Commerce penalty that spiked antidumping tariffs on Indian steel flanges to over 145%, finding the penalty justified in light of issues with an importer's data submission.

  • October 04, 2024

    Death Suit Coverage Dispute Must Be Heard In State Court

    An Oklahoma federal court declined jurisdiction over an insurer's coverage dispute against a construction company stemming from an underlying wrongful death lawsuit, finding that keeping the action in federal court wouldn't settle the controversy and would "impede upon principles of federal-state comity."

  • October 04, 2024

    Tractor Fluid MDL's $32M Settlement To Move Forward

    A Missouri federal judge has given the go-ahead to a $32 million settlement between tractor owners and a pair of hydraulic fluid makers to resolve claims in multidistrict litigation alleging the fluid was defective and damaged vehicles that used it.

  • October 04, 2024

    Martin Selig Fights Founder Deposition In Renovation Bill Suit

    Affiliates of Martin Selig Real Estate told a Washington state court that the company's founding billionaire should not be deposed in a suit brought by a tenant of the Seattle Federal Reserve building over the bill for renovation work at the property.

  • October 04, 2024

    Energy Cos. Say Toshiba Unit Can't Use Parent's Jury Waiver

    Michigan's largest energy companies said a jury should hear their claims that a Toshiba subsidiary botched a $500 million job to renovate their jointly owned power plant, saying a jury trial waiver in an agreement with the parent company doesn't apply to the unit that did the work.

  • October 04, 2024

    Pool Equipment-Maker Sinks Shareholder Suit, For Now

    A New Jersey federal judge Wednesday dismissed a proposed investor class action against pool supply company Hayward Holdings Inc. over claims that the company concealed it was struggling with ballooning inventory and lowered demand, saying the investors do not sufficiently explain why the alleged misstatements cited in the complaint are actionable.

  • October 04, 2024

    EB-5 Partner Accuses NC Atty Of Aiding Investor Coup

    A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.

  • October 04, 2024

    Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says

    The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Fla. Court Reverses Condos' Win In $1M Contractor Dispute

    A Florida appeals court Wednesday reversed a win for three condominium associations in a dispute over $1.4 million worth of mitigation work done on the property after Hurricane Irma, ruling that the contractor did not need to be licensed to do most of the work.

  • October 03, 2024

    High Court Told Bid-Rigging Conviction Was Rightly Tossed

    A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.

  • October 03, 2024

    NJ Contractors Accused Of $10M Fraud In Lead Removal Work

    A New Jersey construction company billed the city of Newark $10.2 million for replacing 1,500 lead water service lines but never did the work, instead concocting false evidence to show new copper pipes had been installed, federal authorities said Thursday in announcing the arrests of the chief executive and a foreperson.

  • October 03, 2024

    Mine Can't Toss CSX's Suit Over Derailment After Hurricane

    A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.

  • October 02, 2024

    DOL Judge Remands Rejected Request For Foreign Welders

    A U.S. Department of Labor judge instructed a certifying officer to reconsider the rejection of a ConocoPhillips subcontractor's request to hire 75 welders for 18 months for a controversial oil-drilling project, saying a request of that magnitude could work because the applicant had not previously used seasonal workers.

  • October 02, 2024

    Ahmuty Demers Booted Off NJ Fatal Crash Case Over Conflict

    A New Jersey state appeals court affirmed Wednesday that Ahmuty Demers & McManus is not allowed to represent both a paving company and one of its employees at the same time in a case in which the employee allegedly caused a fatal car crash.

  • October 02, 2024

    Bid-Rig Charges Irrelevant To $26M Base Award, GAO Says

    The U.S. Government Accountability Office has shot down a contractor's protest over a rival company being awarded a $26 million Army hospital maintenance contract, finding that the awardee's conviction for bid-rigging in Korea had no bearing on its track record of successful operations.

  • October 01, 2024

    From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law

    California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.

  • October 01, 2024

    Oxygenation Doesn't Show Water Quality, Texas Justices Hear

    Texas Supreme Court justices prodded the Save Our Springs Alliance's argument that a permit to release treated wastewater would degrade water quality, questioning whether the advocacy organization's argument that a drop in levels of dissolved oxygen shows water degradation during oral arguments Tuesday.

  • October 01, 2024

    Bribe-Laundering Gets Ecuador Ex-Official 10 Years In Prison

    A Florida federal judge on Tuesday sentenced Ecuador's former comptroller to 10 years in prison after a jury earlier this year convicted him on multiple counts related to laundering millions of dollars in bribe money he received in exchange for eliminating fines connected to a defective hydroelectric dam and other projects.

  • October 01, 2024

    Calif. Judge Won't Let Insurers Slip Mold Coverage Suit

    A California federal judge mostly refused to allow a group of insurers to escape a suit filed by the owner and operator of a 231-unit California apartment complex seeking coverage for mold under a $69 million builders risk policy.

  • October 01, 2024

    Feds Didn't Consider Gold Mine's Full Impact, Judge Says

    The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.

  • October 01, 2024

    Monsanto Can't Avoid Vt. Schools' Nuisance Claims Over PCBs

    A Vermont federal judge has refused to dismiss nuisance and trespass claims by public school districts asserting their buildings were contaminated with a toxic chemical made by Monsanto Co., finding they plausibly alleged Monsanto knew the products would make their way onto the properties yet chose not to warn the districts.

  • October 01, 2024

    Treasury Plans Final Direct Pay Partnership Regs By Year-End

    The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.

Expert Analysis

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

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    Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • Patent Lessons From 8 Federal Circuit Reversals In March

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    A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Calif. Housing Overhaul May Increase Pressure On Landlords

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    Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Energy Community Tax Credit Boost Will Benefit Wind Sector

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    Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

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