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Construction
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September 05, 2024
TM Ruling Creates Way To Pierce Corporate Veil, Justices Told
A conservative legal group says that a Fourth Circuit ruling the justices have agreed to review over a $43 million trademark award in a fight between two businesses that use the name "Dewberry" provides a new way to pierce the corporate veil that "veers far from acceptable legal principles."
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September 05, 2024
LA Developer Beats RICO Suit Over CEQA Fight At 9th Circ.
The Ninth Circuit affirmed Thursday a decision tossing a Hollywood hotel developer's $100 million racketeering suit against rival hotel developers, rejecting the plaintiff developer's allegations that its competitors had pursued "objectively baseless" sham California Environmental Quality Act litigation to extort the firm.
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September 05, 2024
Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal
Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.
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September 05, 2024
Ariz. Tribe Doubled Down In Lithium Project Row, Court Told
The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.
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September 05, 2024
Troutman Pepper Faces $59 Million Malpractice Suit In NY
Queens-based construction company Judlau Contracting has launched a $59 million malpractice suit against Troutman Pepper Hamilton Sanders LLP in New York state court, alleging the firm and a partner in its construction practice of failing to provide adequate representation in two underlying court cases.
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September 04, 2024
Leech Tishman Combines With Calif. Firm Nelson Hardiman
Leech Tishman is set to add California-based healthcare and life science law firm Nelson Hardiman's 17 attorneys to its Los Angeles office this fall and will do business in the Golden State under the combined name Leech Tishman Nelson Hardiman, the firm announced Tuesday.
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September 04, 2024
Fed. Circ. Leans Toward Gov't In Conduit Classification Fight
The Federal Circuit dug deep Wednesday into the definition of insulated material as part of an inquiry into whether the government's tariff classification of steel electrical conduit tubing made more sense than the importer's interpretation, with one judge stealing the show.
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September 04, 2024
Builder's Battle With Conn. Town Tossed Over Zoning Appeal
A lawsuit that a property developer filed against officials of a Connecticut town, seeking to restart construction and sales of a housing project after receiving a cease-and-desist order, is untimely because the company is still pursuing a local zoning appeal, a Connecticut state judge has ruled in dismissing the case.
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September 04, 2024
3rd Circ. Revives Machinery Worker's Disability Bias Suit
The Third Circuit reopened a former machinery worker's lawsuit alleging he was fired because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.
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October 23, 2024
Turning Tides: Real Estate's Impending Insurance Crisis
Climate risk, once an abstract concept, is now a stark reality in the real estate industry as damage from stronger and more frequent weather events portends a drastic correction in the property insurance market. This series explores state and local government efforts, shifting investor behavior, and home-buying trends as the climate-driven insurance crisis bubbles to the surface.
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September 04, 2024
Former Michelin Tire Factory Site Worth $30M, NJ Jurors Told
The owner of a 22-acre former Michelin Tire factory in Milltown, New Jersey, told jurors Wednesday it should be paid at least $30 million by a borough redevelopment agency to acquire the property through eminent domain for the construction of a 350-unit mixed-use residential development.
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September 04, 2024
Fla. Builder Can't Escape Former In-House Atty's Suit
A Florida federal magistrate judge has rejected a development company's bid to escape a wrongful termination lawsuit brought by its onetime in-house counsel, saying that enough has been pled to overcome the dismissal request.
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September 04, 2024
Wash. Contractors Must Face Suit Over Off-Site Death
A Washington appeals panel has revived a wrongful death suit alleging a contractor and subcontractor are responsible for the death of a worker in a forklift accident, saying they may have had a duty to the worker even though the accident didn't happen on the worksite itself.
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September 04, 2024
Concrete Co. Owes Workers $370K, Wash. Panel Says
A Washington appeals court refused to overturn a state agency's determination that a concrete company owes workers more than $370,000 in wages for working at a disposal site, saying the work was sufficiently related to a public works project to trigger the state's prevailing wage law.
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September 03, 2024
7th Circ. Upholds Arbitration In Menards Hidden Fees Suit
The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.
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September 03, 2024
Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award
Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.
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September 03, 2024
Insurance Intermediary Can't Revive Biz Interference Claims
Liberty Mutual and two of its adjusters had no obligation to work with an intermediary that helps contractors secure coverage, an Ohio appeals court ruled, rejecting the intermediary's claims that Liberty and the adjusters tortiously interfered with the intermediary's business relationships by refusing to communicate with it.
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September 03, 2024
Lima Wants No Bond As It Appeals $200M Hwy Contract Case
The Peruvian city of Lima is urging a D.C. federal court not to force it to post a bond as it appeals a ruling enforcing arbitral awards now worth nearly $200 million following a dispute over a highway contract, saying that requiring a bond would be a waste of public funds.
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August 30, 2024
Concrete Co. Owner Gets 5-Month Sentence For Bid-Rigging
The owner of Evans Concrete LLC, Timothy "Bo" Strickland, was handed a five-month prison sentence, followed by three years of supervised release after pleading guilty to participating in a coastal Georgia concrete bid-rigging and price-fixing scheme.
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August 30, 2024
Steel Distributor Exec Pleads Guilty To Price-Fixing
A second steel distributor executive pled guilty Friday in Puerto Rico to criminal charges for allegedly participating in an eight-year-long scheme to fix the prices of steel products, including while the island was recovering from a pair of hurricanes.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
Judge Unsure Warehouse Antitrust Suit Belongs In Fed. Court
An Illinois federal judge appeared skeptical Friday that a warehouse developer could unravel a municipal contract with several real estate companies accused of violating antitrust laws, questioning if the plaintiff was truly harmed by the deal or a related judgment its rivals later won in state court.
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August 30, 2024
'Guesswork' Underlies Red States' NEPA Challenge, Feds Say
The Biden administration is making its own push for summary judgment in its battle with 21 Republican-led states over a new environmental permitting rule, arguing in North Dakota federal court that their suit fails on standing and ripeness and relies on pure "guesswork" about how the rule will be implemented.
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August 30, 2024
Door-Maker Demands $10M In Excess Insurance At 4th Circ.
A door manufacturer pressed the Fourth Circuit to force an insurer to hand over $10 million in excess coverage in connection with a $39.5 million shareholder settlement over alleged lies to investors, arguing Friday that the matter was unrelated to other litigation and counts as a separate claim.
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August 30, 2024
Construction Litigator Rejoins Gordon Rees In San Francisco
Gordon Rees Scully Mansukhani LLP is growing its Northern California team, welcoming back as a partner in its San Francisco office a construction litigation expert most recently with Sawyer & Labar LLP.
Expert Analysis
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Beware OSHA's Aggressive Stance Toward Safety Violations
The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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What Nevada 'Superbasin' Ruling Means For Water Users
The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.