Construction

  • June 06, 2024

    Tribes, Green Groups Lose Challenge To SunZia Power Line

    An Arizona federal judge Thursday threw out a challenge by a coalition of tribes and conservation groups to undo a nearly decade-old federal government decision that they said allowed SunZia Transmission LLC to route a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • June 06, 2024

    Prof Can Test NC State Building For Carcinogens

    A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.

  • June 06, 2024

    Mass. AG Asks State High Court To Affirm Housing Law

    Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.

  • June 06, 2024

    6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask

    The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.

  • June 06, 2024

    Turf Co. Says Ex-VP Stole Secrets Before Joining Rival

    A longtime sales executive at FieldTurf USA, one of the leading manufacturers of artificial turf sports fields, has absconded with confidential information about the company's customers and taken the information to an industry rival, according to a lawsuit filed in Georgia federal court Wednesday.

  • June 06, 2024

    Justices Affirm Taxing Of Estate On Insurance Payout

    The U.S. Supreme Court affirmed on Thursday a decision denying a tax refund to the estate of an owner of a building materials company that used a payout from his $3.5 million life insurance policy to purchase his shares in the business.

  • June 05, 2024

    Sierra Club Touts Offshore Wind Cost Savings In New England

    The Sierra Club is heralding offshore wind investment as critical to achieving New England's climate goals, slashing energy costs and protecting residents from volatile natural gas prices, citing a new report it commissioned that Synapse Energy Economics Inc. authored.

  • June 05, 2024

    Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit

    The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.

  • June 05, 2024

    House Votes To Block Vets' Access To Gender-Affirming Care

    The U.S. House of Representatives on Wednesday passed a $147.5 billion spending bill along mostly party lines funding military construction and the U.S. Department of Veterans Affairs, which would block veterans' access to gender-affirming care and which the White House has already threatened to veto.

  • June 05, 2024

    Del. Justices Uphold Chancery's Toss Of Auto Parts Deal Suit

    Delaware's Supreme Court has refused to reverse the Court of Chancery's 2023 dismissal of a stockholder suit accusing Chicago-based factory and automotive parts venture Distribution Solutions Group Inc. of failing to disclose conflicts surrounding and costs of a three-way merger in late 2021.

  • June 05, 2024

    Feds Say $1B Power Line Permit Challenge Should Be Zapped

    The Biden administration and developers of a proposed $1 billion transmission line that would ship hydropower from Quebec to New England are urging a federal judge to dump challenges to federal approvals for the project, saying there's no question they were lawfully issued.

  • June 05, 2024

    Fire Co. Shuts Down Insurer's $3.7M Subrogation Bid

    A hotel's insurer cannot seek reimbursement from a fire protection company for its roughly $3.7 million coverage payment following a pipe rupture in the hotel's fire sprinkler system, an Ohio federal court ruled, finding the hotel and fire protection company waived their respective insurers' subrogation rights. 

  • June 05, 2024

    1st Circ. May Undo Tribal Casino Bribery Convictions

    First Circuit judges hinted Wednesday that jurisdictional flaws and other issues could reverse the bribery convictions of an architect and tribal chairman in connection with a proposed $1 billion casino in southeastern Massachusetts.

  • June 04, 2024

    Monsanto Tries To Flip $1B PCB Losses As Plaintiffs Press On

    Monsanto is moving to capitalize on a Washington state appellate victory it claims casts doubt on more than $1.1 billion in PCB poisoning verdicts, while plaintiffs are staking out positions to defend — and even build on — their blockbuster wins.

  • June 04, 2024

    Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations

    The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.

  • June 04, 2024

    Construction Co. Says $1B Texas Chemical Plant Bill Unpaid

    The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.

  • June 04, 2024

    White House Threatens Veto Over Policy Riders In VA Bill

    The White House has threatened to veto a $147.5 billion bill funding military construction and the U.S. Department of Veterans Affairs, citing partisan policy proposals it said would harm minority groups and risk patient safety at VA medical facilities.

  • June 04, 2024

    Developer, Buyer Settle $10M Miami Condo Dispute

    A German citizen and a developer have settled their dispute over a $9.6 million deal to buy a highly customized duplex condominium unit in a new Miami high rise, according to a notice filed in Florida federal court Monday.

  • June 04, 2024

    Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator

    Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.

  • June 04, 2024

    Ex-Restoration Co. Execs 'Teeter' On Contempt, Judge Says

    The former presidents of a property restoration company have staved off civil contempt after narrowly convincing a North Carolina Business Court judge that they merely misunderstood an injunction curbing their business activities as opposed to flagrantly disregarding it.

  • June 03, 2024

    Slipshod Shipping Cost Analysis Lands Commerce Remand

    The U.S. Department of Commerce must check its work on duties covering mobile lift equipment after the U.S. Court of International Trade deemed its shipping cost data analysis a "mixed bag" that could have led to a different rate.

  • June 03, 2024

    4 Mass. Rulings You Might Have Missed In May

    Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.

  • June 03, 2024

    'Luxury' Wasn't Part Of Mansion Deal, 3rd Circ. Told

    An attorney for a luxury home-building company asked the Third Circuit on Monday to throw out a six-figure judgment against the company for allegedly falling short on its promise to construct a high-end house for two Western Pennsylvania homeowners, arguing the customers' suit was not based on promises made in the contract but on vague marketing statements.

  • June 03, 2024

    PPG Blames Enviro Groups For Pa. Site Cleanup Delay

    PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.

  • June 03, 2024

    Chancery Suit Over $1.4B Building Co. Merger Survives Trims

    The CEO, controlling investor and board members of specialty building product maker Foundation Building Materials Inc. must face Delaware Court of Chancery breach of fiduciary duty claims filed by stockholder after a $1.4 billion company sale, a Delaware vice chancellor has ruled.

Expert Analysis

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • How 3D Printing And Prefab Are Changing Construction

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    The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • A Deep Dive Into High Court's Permit Fee Ruling

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    David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.

  • Perspectives

    Criminal Defendants Should Have Access To Foreign Evidence

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    A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

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