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Construction
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October 21, 2024
John Deere's Tractor Brake Recall Is Also Defective, Suit Says
John Deere sold utility tractors with a brake defect that can cause them to crash, and the company's recent recall doesn't guarantee a permanent fix but rather appears to simply "replace defective systems with even more defective systems," according to a proposed class action in South Carolina federal court.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
9th Circ. Doubts Calif. City Can Sue Over Housing Mandates
A Ninth Circuit panel expressed skepticism Monday that Huntington Beach, California, has standing to sue the state in federal court over California's housing mandates because it's an autonomous charter city, with one judge saying the city "is not some free floating entity that gets to do whatever it wants."
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October 21, 2024
Baha Mar Developer Wins $1.6B Verdict Over Delays
A New York state judge has handed the developer of the Bahamian resort Baha Mar a $1.6 billion verdict against a Chinese state-owned construction firm that was accused of concealing its massive delays in building the project and then sabotaging the development entirely when it realized catching up was hopeless.
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October 21, 2024
DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project
Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.
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October 21, 2024
9th Circ. Probes Bargaining Order Limits In 1st Cemex Review
In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.
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October 21, 2024
Gov't Seeks To End Most Presumptive 'Buy American' Waivers
The White House said Monday the Federal Acquisition Regulatory Council will remove most items from its list of presumptive exemptions to the "Buy American" requirements for federal acquisitions, including crude oil, furthering the Biden administration's efforts to boost domestic manufacturing.
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October 21, 2024
DC Moves To Buy NBA, NHL Arena In $800M Overhaul Plan
Washington, D.C., Mayor Muriel Bowser on Monday announced the introduction of legislation to buy Capital One Arena for $87.5 million to keep the Washington Capitals and Washington Wizards in town, after months of negotiations with Sidley Austin LLP advising the arena owner.
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October 21, 2024
Haynes Boone, ArentFox Schiff Advise $1B Paving Co. Deal
Haynes and Boone LLP represented Alabama road builder Construction Partners Inc. in its nearly $1 billion acquisition of Austin, Texas-based Lone Star Paving, which relied on advice from ArentFox Schiff LLP in the transaction.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact
A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.
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October 18, 2024
Fed. Circ. Partly Restores Suit Over Utility Line Patent
The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.
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October 18, 2024
DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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October 18, 2024
Feds Win 1st Trial In Sprawling NYC Housing Bribery Case
A former New York City Housing Authority superintendent was convicted of taking bribes to award no-bid contracts, handing federal prosecutors a win in the first trial in a case that saw 70 defendants arrested earlier this year.
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October 18, 2024
Taxation With Representation: Baker, Simpson, Ropes
In this week's Taxation With Representation, Lundbeck inks a $2.6 billion cash deal for Longboard, Silver Lake agrees to buy Zuora for $1.7 billion, and PPG and American Industrial Partners reach a $550 million deal.
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October 17, 2024
Monsanto Again Seeks Pause As Seattle PCB Trial Begins
Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.
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October 17, 2024
Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat
A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.
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October 17, 2024
Infrastructure Co. Owes $2.4M In Arb. Fees In Solar Plant Fight
A federal judge has upheld an award of $2.4 million in fees to a Spanish construction firm in its dispute with an infrastructure company over a failed energy project in the Nevada desert, ruling an arbitration tribunal did not ignore the law in the breach of contract action.
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October 17, 2024
Brothers Get Prison For Ga. Concrete Bid-Rigging Scheme
A Georgia federal judge on Thursday sentenced brothers Gregory Hall Melton and John David Melton to serve time in prison for their roles in a scheme to fix prices and rig bids for the ready-mix concrete market in the greater Savannah area.
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October 17, 2024
6th Circ. Can't Ax Captive Audience Memo, NLRB Atty Says
A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.
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October 17, 2024
Hogan Lovells, Ropes & Gray Lead $550M Coatings Biz Sale
Paint and coatings company PPG, advised by Hogan Lovells, has agreed to sell its architectural coatings business in the U.S. and Canada to Ropes & Gray LLP-led investor American Industrial Partners for $550 million, according to a Thursday statement from PPG.
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October 17, 2024
Industrial Pipe Co. Hits Rival, Ex-Exec With Trade Secrets Suit
Industrial pipe manufacturer Atkore International Inc. took one of its former senior-level executives and the rival company he went to work for to North Carolina state court, alleging the former employee sabotaged operations on his way out the door and took valuable trade secrets with him.
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October 16, 2024
Feds, Md. Tell 4th Circ. Beltway Lane Expansion Is Fully Vetted
Federal and Maryland state transportation officials have told the Fourth Circuit that they thoroughly vetted air pollution, traffic congestion and other environmental concerns before approving an estimated $4 billion highway expansion project outside Washington, D.C., arguing that environmental groups have no grounds to sue to block the project.
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October 16, 2024
11th Circ. Won't Nix OK Of Guatemalan Power Plant Award
The Eleventh Circuit refused Wednesday to vacate an arbitral award issued following a dispute over 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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October 16, 2024
Amec Unit Wants 'Vexatious' Biofuel Plant Suit Tossed
Energy construction giant Amec Foster Wheeler and one of its units called on a Georgia federal judge to throw out a lawsuit alleging it misled a Peach State power company about the quality of work on two biofuel plants, arguing the company's complaint violates the claim-splitting doctrine and lacks sufficient factual allegations.
Expert Analysis
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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What A Louisiana Ruling Means For Pipeline Crossings
After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.