Construction

  • September 20, 2024

    Real Estate Recap: Infrastructure Rally, Insurance Reckoning

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.

  • September 20, 2024

    Court Cuts Down Antitrust Suit From Loggers, Landowners

    An Oregon federal court has tossed a lawsuit by loggers and landowners that accused Iron Triangle LLC of monopolizing the market for logging services in part of the Pacific Northwest, saying they failed to show the logging and lumber company has monopoly power.

  • September 20, 2024

    Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss

    Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.

  • September 20, 2024

    Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar

    A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.

  • September 20, 2024

    5th Circ. Reverses Insurer's Early Win In Silo Damage Dispute

    The Fifth Circuit reversed an insurer's early win in a coverage dispute with an agricultural cooperative over damage to two grain silos, instead finding that questions remained about whether wind and weather damage because of faulty construction qualified as property damage under the policy.

  • September 20, 2024

    Slow Development Puts Nebraska District Into Ch. 9

    A local development authority filed for Chapter 9 protection in Nebraska after laying out significant funds to install roads and sewer systems for a housing development that was stalled by the 2008 financial crisis.

  • September 20, 2024

    Tribe's Stateless Status Undoes $1.9M Construction Suit

    A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.

  • September 19, 2024

    Wells Fargo Judge Says NDA Isn't A 'Gag' In Loan Bias Case

    A California federal judge on Thursday challenged Wells Fargo's arguments seeking to prevent a former underwriter from testifying as an expert in a proposed class action claiming the bank discriminated against non-white borrowers, saying a confidentiality agreement the ex-employee purportedly signed couldn't be used as a "gag" to silence him.

  • September 19, 2024

    76ers To Get New Philly Arena In $1.3B Project, Mayor Says

    The Philadelphia 76ers are getting a new arena in Chinatown as part of a $1.3 billion project that will bring hundreds of jobs, Philadelphia Mayor Cherelle Parker announced in a video message.

  • September 19, 2024

    Trade Court OKs Reduced Tariffs On Chinese Wood Floors

    The U.S. Court of International Trade greenlet revised antidumping tariffs on Chinese wood flooring, saying the reduction addressed its concerns with how the U.S. Department of Commerce calculated the tariffs for Chinese producers outside Beijing's control.

  • September 19, 2024

    9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit

    Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.

  • September 19, 2024

    Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.

    The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.

  • September 19, 2024

    Commerce Ordered To Explain How It Nixed Steel Duty

    The U.S. Court of International Trade remanded the U.S. Department of Commerce's antidumping duty on Italian steel plates for explanation as to why Commerce used an alternative methodology that dropped the duty to 0% while recalculating the tariff.

  • September 18, 2024

    Iraq Wants DC Circ. To Upend Cypriot Co.'s $120M Award

    Iraq has told the D.C. Circuit that it is appealing a lower court decision giving a Cypriot construction firm permission to force the country to satisfy a nearly $120 million arbitral award obtained in a dispute over a major port project.

  • September 18, 2024

    Mexican Parts Maker Rehires Worker To End USMCA Probe

    A Mexican parts manufacturer rehired a worker fired allegedly for conducting union activities and agreed to train its workforce on collective bargaining rights to end an investigation under the U.S.-Mexico-Canada Agreement into claims that the plant violated workers' organizing rights, the U.S. Trade Representative has announced.

  • September 18, 2024

    Feds Delay Report Into Surfside Condo Collapse Until 2026

    Federal investigators said a draft report into the June 24, 2021, collapse of the Champlain Towers in Surfside, Florida, that killed nearly 100 people won't be ready until 2026, instead of next year, after a series of holdups.

  • September 18, 2024

    DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse

    The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.

  • September 18, 2024

    Mich. Town Wants Stay During Appeal Over $2B Battery Plant

    A central Michigan township has asked a federal judge to pause enforcement while it appeals a previous ruling finding local officials violated a development agreement by trying to withdraw support for a more than $2 billion battery components plant to be built by Gotion Inc.

  • September 18, 2024

    Toshiba Loses Bid To Sanction Mich. Energy Cos. Over Depo

    A Michigan federal judge has rejected Toshiba and its subsidiary's request for sanctions against the state's largest energy companies despite Toshiba's claim that their witness failed to answer certain questions at a deposition, ruling Toshiba didn't properly lay out what it wanted the witness to talk about and that his other answers were appropriate.

  • September 17, 2024

    Univ. Can Expand Coastal Campus, Mass. Appeals Court Says

    A Massachusetts university has no obligation to preserve for public use 12 acres of land in a coastal town just north of Boston, the state's intermediate-level appeals court ruled.

  • September 17, 2024

    Mass. Contractor Owes $77K For Violating Davis-Bacon Act

    Five construction workers recovered $77,206 after they were stiffed of prevailing wages and fringe benefits on a Davis-Bacon Act project in Boston, the U.S. Department of Labor announced Monday.

  • September 16, 2024

    Ex-Union Leader's Nephew Heads Off Extortion Trial With Plea

    The nephew of the former business manager of International Brotherhood of Electrical Workers Local 98 pled guilty Monday to attempting to shake down a casino contractor for a paycheck for work he never performed, Philadelphia's top federal prosecutor announced.

  • September 16, 2024

    Telecom Installer To Pay Workers $600K To End DOL Probe

    A Michigan-based fiber optics installer will pay $594,000 in back pay and damages to 63 workers whom the U.S. Department of Labor says the company misclassified as independent contractors, the agency announced Monday.

  • September 16, 2024

    2 Former High-Ranking FDNY Officers Charged With Bribery

    Two former high-ranking New York City Fire Department chiefs were charged in a federal indictment unsealed Monday with taking bribes to fast-track fire safety plan reviews and inspections for certain businesses.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

Expert Analysis

  • 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.

  • DOE Funding And Cargo Preference Compliance: Key Points

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    Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.

  • 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.

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