Construction

  • December 18, 2024

    Texas Panel Reverses $22M Award In Gas Plant Contract Case

    A Texas appeals court has affirmed a jury verdict finding that midstream company Arrow Field Services LLC stiffed its general contractor to the tune of $20 million, but it reversed a $22.4 million award in interest and legal fees based on a carveout for oil and gas projects.

  • December 18, 2024

    Texas Says Border Wall Panel Sales May Violate Injunction

    Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.

  • December 18, 2024

    Toolmaker Hardinge Gets OK On Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge on Wednesday approved tool manufacturer Hardinge Inc.'s Chapter 11 liquidation plan after the debtor settled disputes with creditors, its investment fund backer and other parties by agreeing to drop potential claims in exchange for a cash payment.

  • December 18, 2024

    11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit

    A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.

  • December 17, 2024

    Monsanto Owes $690M In Latest Wash. PCB Trial, Jurors Told

    Fifteen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury to award them $690 million plus even more in punitive damages on Tuesday, rounding out a two-month trial as the company argued the request for "generational wealth" isn't backed by enough evidence to attribute their ailments to the toxins known as PCBs.

  • December 17, 2024

    DOD Expands Data Rights For Small Biz R&D Program Cos.

    The U.S. Department of Defense on Tuesday issued rules expanding the data rights retained by small business research and development program participants, and codifying that unique rules for architectural and engineering contracts cover orders under multiple-award contracts.

  • December 17, 2024

    Worker Claims Merger Can't Nix Pa. Medical Pot Protection

    An engineering company unlawfully fired a Pennsylvania worker after he tested positive for cannabis usage, even though the employer knew about the worker's medical marijuana prescription, according to a lawsuit filed in Pennsylvania state court.

  • December 17, 2024

    Alaskan Native Villages Say BEAD Window Can't Open Yet

    Two Alaskan Native villages trying to force the clawback of $70 million in broadband funds want a federal court to stop the state broadband office from opening the window for BEAD applications, a request the telecoms involved have called a "brazen attempt" at seeking the same relief a different way.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

  • December 17, 2024

    Fed. Circ. Guts Ruling On $367M Alaska Port Dispute

    A Federal Circuit panel partially vacated a ruling that found the federal Maritime Administration breached two contract agreements with Anchorage related to a Port of Alaska upgrade and expansion, and awarded the city $367 million in damages.

  • December 17, 2024

    IRS Corrects Proposed Admin Requirements For Direct Pay

    The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.

  • December 17, 2024

    Groups Want Win In Partially Blocked Prevailing Wage Rule

    The U.S. Department of Labor's final rule updating how prevailing wages are calculated under the Davis-Bacon Act should sink because it is arbitrary and capricious, a group of construction groups said, urging a Texas court to ax the rule after it partially blocked it.

  • December 16, 2024

    Court Approves Mandated $115M Door Factory Sale

    A Virginia federal court has approved the planned $115 million sale of a door-skin manufacturing plant after a landmark order forced Jeld-Wen to unload the factory in a long-running private antitrust case by rival Steves & Sons Inc.

  • December 16, 2024

    Contractor, Insurer Seek Early Win In $2.85M Bridge Dispute

    A construction company and an excess insurer each sought a pretrial win in Florida federal court over coverage for a demolition subcontractor's faulty work that the construction company said cost more than $2.85 million, after a primary insurer already paid $1 million toward an underlying settlement.

  • December 16, 2024

    US Lends $9.6B To Build EV Battery Plants In The South

    The U.S. Department of Energy has agreed to loan Ford Motor Co. and South Korean battery manufacturer SK On up to $9.63 billion for a joint venture that includes building electric vehicle battery plants in Tennessee and Kentucky, according to a Monday statement.

  • December 16, 2024

    High Court Bar's Future: Latham's Roman Martinez

    Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.

  • December 16, 2024

    IRS Corrects Regs On Direct Pay Of Partnership Tax Credit

    Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.

  • December 13, 2024

    Real Estate Recap: New Mapping, Terrorism, What We Learned

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.

  • December 13, 2024

    Texas Panel Prods Harrison County About Tank Leakage

    A Texas appeals court judge on Friday questioned whether Harrison County is seizing on a legal ambiguity to avoid required testing of underground storage tanks, saying its loose interpretation of the word "year" in a state law "doesn't sound like a very good idea."

  • December 13, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.

  • December 13, 2024

    Retirees Say Lumber Co.'s $1.5B Pension Transfer Upped Risk

    A wood product manufacturer violated federal benefits law when it transferred $1.5 billion of pension obligations to a private equity-backed insurance company, substantially increasing the risk that retirees will see their benefits slashed, according to a proposed class action filed in federal court.

  • December 13, 2024

    Balance Of Equities Favors Tribal Emergency Shelter, Court Told

    A Washington tribe says it's likely to prevail in a challenge that looks to block the city of Toppenish from enforcing an ordinance on a 24-hour emergency cold weather shelter, arguing that the municipality concedes that the unhoused are likely to face serious injury or death absent court intervention.

  • December 13, 2024

    Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims

    An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.

  • December 13, 2024

    Construction Co. Fights Stay In Small Biz Qui Tam Suit

    The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.

  • December 13, 2024

    Fight Over $40M Discount For Boston Casino Headed To Trial

    A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.

Expert Analysis

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • How Property Insurance Coverage Shrank After The Pandemic

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    Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • A Shift In Control Of Congress May Doom These Enviro Regs

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    If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.

  • Election Could Bring Change In Weather For Offshore Wind

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    Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    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.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    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.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    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.

  • How Attorneys Can Break Free From Career Enmeshment

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    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.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    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.

  • Inspecting The New Int'l Arbitration Site Visits Protocol

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    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.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    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.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    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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