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Construction
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Wash. Judge Says Junk Text Suit Must Lose Autodialer Claims
Consumers who were peppered with hundreds of unwanted text messages from a home improvement platform can move forward with their $400 million lawsuit accusing the company of ignoring the Do Not Call Registry, but will lose their autodialer claims, a Washington federal judge has ruled.
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November 15, 2024
Political Fundraiser Avoids Jail In LA 'Casino Loyale' Probe
A former political fundraiser was sentenced by a California federal judge Friday to one year of home detention for facilitating a bribe to former Los Angeles City Councilman José Huizar, the latest in a string of recent sentences handed out to cooperating witnesses in the FBI's "Casino Loyale" probe.
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November 15, 2024
Ga. Panel Says Homeowners Must Arbitrate Boundary Spat
The Georgia Court of Appeals on Friday ordered a property line spat between a construction company and a homeowner sent to arbitration, reversing a trial court's ruling that the issue fell outside the bounds of an arbitration provision within the original sale contract.
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November 15, 2024
US Courts' Design Standards Increase Size, Costs, GAO Says
A report by the U.S. Government Accountability Office, publicly released Friday, has found that the judiciary's updated 2021 U.S. courts design guide would likely increase both the size and costs of federal courts.
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November 15, 2024
Another Paul Hastings Int'l Arbitration Atty Joins Linklaters
Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.
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November 14, 2024
DC Circ. Doubts Standing In Challenge To Grid Project Perk
A D.C. Circuit panel expressed skepticism Thursday that a coalition of energy consumers have standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project.
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November 14, 2024
Texas Court Tosses Devon Energy Suit Over NM Rig Injuries
A Texas appeals panel on Thursday threw out a Louisiana worker's suit against Devon Energy Corp. over injuries he sustained while working at a New Mexico drilling rig, saying the trial court was wrong to find that the company had enough contact with Texas to be "at home" and under the court's jurisdiction.
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November 14, 2024
Atlanta Developer Says City Dodging Discovery In Property Fight
An Atlanta landowner suing the city over its allegedly illegal condemnation of a disused fast food joint has asked a Georgia federal judge to keep the suit alive, telling the court the city can't win a recent summary judgment bid while discovery remains open.
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November 14, 2024
Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case
Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.
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November 14, 2024
NY Contractor Cops To Aiding Theft In Commercial Bribe Case
A New York contractor pled guilty on Thursday in the Manhattan district attorney's commercial bribery case alleging dozens of construction industry defendants conspired to steal from developers in a sprawling kickback scheme involving $100 million in contracts.
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November 13, 2024
Telecom Co. Lumen's Contract Breach Suit Survives, For Now
A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.
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November 13, 2024
Detroit Fire Fee Ruling Concerns Mich. Justice
A Michigan Supreme Court justice on Wednesday said he was troubled by a lower appellate ruling he said seemed to imply that municipalities can work around a state law barring sneaky taxes, in this case by stating a charge for fire prevention services is really just the cost of a permit allowing property owners to do business in Detroit.
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November 13, 2024
Claims Court Denies 'Creative' Bid For Losing Protester's Fees
A government contractor fronted by former Pittsburgh Steeler Rocky Bleier was "creative" in its request for attorney fees following its failed bid protest over a $14.7 million VA contract, but the U.S. Court of Federal Claims rejected the request in an order unsealed this week.
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November 13, 2024
DOD Issues Strategy For Military Base Private 5G Networks
The U.S. Department of Defense released its strategy for deploying private 5G networks that are upgraded and specifically tailored for needs that can't be met by public commercial networks.
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November 13, 2024
Highway Workers Reach Deal In Misclassification Row
Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.
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November 13, 2024
$1.2M Excessive Hammering Spat Not Covered, Insurer Says
An insurer for a Nashville subcontractor told a Tennessee federal court that it doesn't owe coverage for an underlying $2.5 million lawsuit brought by residents surrounding a project site where the subcontractor was doing demolition work, arguing that the underlying suit falls under several exclusions.
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November 13, 2024
Feds Want 2 Years' Jail For Biz Owner In $2.8M Tax Scheme
A construction company owner who paid workers off the books by pretending they were subcontractors, even after one of them died, should serve two years in prison and pay $2.8 million in restitution to the Internal Revenue Service for the tax loss, prosecutors told a Massachusetts federal court.
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November 12, 2024
Deloitte Must Face Certified Class Over Nuclear Audit Reports
A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.
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November 12, 2024
Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial
Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.
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November 12, 2024
Justices Won't Take On Tossed Bid-Rigging Conviction
The U.S. Supreme Court refused Tuesday to look at a Fourth Circuit decision that upended the bid-rigging conviction of a government contractor's former executive, rejecting U.S. Department of Justice concerns that the ruling could make it harder to prosecute when contractors have a subcontracting relationship.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
1st Circ. Agrees No Coverage For Contractor In Defect Row
A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.
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November 08, 2024
Monsanto Judge Pushes Sanction 'Distraction' To After Trial
A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.
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November 08, 2024
Atlanta's 'Cop City' Nears Completion, Outrunning The Courts
A series of legal challenges and a protest movement that thrust Atlanta into the international spotlight appear unlikely to halt construction of the city's controversial public safety training center known as "Cop City," which is headed for completion in the coming months.
Expert Analysis
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Inspecting The New Int'l Arbitration Site Visits Protocol
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.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
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.
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The Strategic Advantages Of Appointing A Law Firm CEO
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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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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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.