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Construction
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June 27, 2024
Feds Back Debevoise Bid To Avoid Cognizant Trial Testimony
The U.S. Department of Justice would like a New Jersey federal court to throw out a subpoena compelling trial testimony from a Debevoise & Plimpton LLP partner regarding an investigation into an alleged bribe the government believes two former Cognizant Technology Solutions executives supplied to an Indian company.
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June 27, 2024
Susan Sarandon Can Get Home Contractor's Bank Records
A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.
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June 26, 2024
Construction Co. Targets Insurer Over $12.3M Arbitral Award
A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Travelers Nabs Partial Win In Asbestos Coverage Dispute
A Travelers unit only has a duty to indemnify but not defend a drywall and paint company that faces several underlying asbestos injury lawsuits, a Texas federal court ruled, rejecting the company's reading of "not covered" in its umbrella policy providing excess coverage.
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June 26, 2024
Demolition Worker's Family Sues FirstEnergy Over Fatal Fall
The family of a Michigan man who died during the demolition of a former coal-fired power plant in Southwestern Pennsylvania has filed a lawsuit in Pennsylvania state court against the plant's operators, claiming that better plans, inspections and safety measures could have prevented his fatal fall in 2022.
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June 26, 2024
Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence
Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.
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June 26, 2024
Judge Sides With Army Corps, Costco On Wetlands Permit
The U.S. Army Corps of Engineers did not violate the Clean Water Act when it issued a wetlands permit for the development of a new Costco store, a Washington federal judge said in ruling against residents who opposed the project.
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June 26, 2024
Ex-Worker Says NC Justices Needn't Review Carcinogen Test
A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.
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June 26, 2024
Energy Cos. Trash Toshiba Depo Tactics Over $500M Upgrade
Michigan's largest energy companies told a federal judge that a Toshiba attorney berated and tried to provoke their witness during a deposition in their case alleging Toshiba botched a $500 million plant upgrade, urging the judge to reject Toshiba's sanctions request for the witness's supposed intransigence.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
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June 25, 2024
1 Of 2 Carriers Off Hook For $8M Garage Damage Verdict
An insurer for a now-defunct maintenance company has no duty to cover an $8 million jury verdict it faces over parking garage damage, an Indiana federal court ruled, adding that whether a separate insurer for the company must foot the bill can not yet be determined.
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June 25, 2024
Wash. Contractor, Insurer Resolve Redress Cost Dispute
A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.
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June 25, 2024
Flint Judge Wants To Keep City 'Motivated' To Fix Lead Pipes
A Michigan federal judge on Tuesday all but approved a proposal from the state to step in and help the city of Flint finish replacing lead water service lines and restoring properties for residents, noting the city's repeated failures to meet its obligations under a 7-year-old settlement agreement.
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June 25, 2024
Judge Says Sales Discount Doesn't Justify Redoing Steel Duty
The U.S. Court of International Trade refused to force the U.S. Department of Commerce to raise antidumping duties on Australian hot-rolled steel to account for a discount that an Australian producer offered its importer, saying the importer paid the duty when it took the steel from the producer.
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June 25, 2024
NC Development Bill Violates UN Declaration, Tribe Says
A North Carolina tribe is fighting state legislation that it says does not assure protections over one of the most significant archaeological Native American discoveries in recent years, arguing its language violates international law and centuries-old treaties.
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June 25, 2024
Russian Ferrosilicon Gets Preliminary Duties Topping 748%
The U.S. Department of Commerce handed down preliminary duties of 283.27% and 748.58% in its anti-dumping and countervailing duty investigations, respectively, into Russian producers of ferrosilicon, a key input in steelmaking.
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June 25, 2024
Pot Cos. Push Back On Calif. City's Bid To Toss $5.4M Fee Suit
Six cannabis companies are fighting the California city of Cudahy's bid to dismiss a suit alleging that the city reneged on a promise to waive $5.4 million in fees accrued during the COVID-19 shutdowns, saying the motion largely disputes allegations that the court has to accept as true under a motion to dismiss.
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June 25, 2024
Schouest Bamdas Opens Dallas Office With 6-Partner Hire
Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.
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June 25, 2024
Jones Walker Names Construction Atty As Atlanta Office Head
Jones Walker LLP has appointed a construction attorney who made partner less than four years ago as head of its Atlanta office.
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June 25, 2024
NJ Says Union Skipped Over Black Workers For Job Referrals
An ironworkers union passed over workers for job assignments solely because they were Black and looked the other way when workers complained they were subjected to racist, sexist and homophobic harassment, the state of New Jersey told a state court.
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June 25, 2024
Trade Court Judge Presses Feds On Cabinet Import Findings
A U.S. Court of International Trade judge on Monday pressed Customs and Border Protection to explain why it cleared a kitchen cabinet importer of tariff-evasion allegations despite its description of the company as a "known" transshipper.
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June 25, 2024
White & Case Adds King & Spalding Energy Pro In Houston
White & Case LLP announced Tuesday that it has strengthened its global project development and finance practice, its global energy industry group and its U.S. construction practice with a partner in Houston who came aboard from King & Spalding LLP.
Expert Analysis
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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3 Power Rulings Change Outlook For Transmission Cos.
The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.
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How New Fla. Condo Law Will Affect Owners' Finances
As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.