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Construction
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June 11, 2024
Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.
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June 11, 2024
Feds Want 10 Years For Ex-Chicago Alderman Burke
Federal prosecutors asked an Illinois federal judge Monday to send former Chicago Alderman Ed Burke to prison for 10 years for "brazenly and boldly" using his official position to steer tax business to his law firm, while Burke requested a sentence of probation, bolstered by letters of support from prominent attorneys and retired judges.
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June 10, 2024
Debevoise Aims To Sink Cognizant Bribery Trial Subpoena
Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.
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June 10, 2024
Contractor Can Replead Claims In $115M City Streetcar Suit
A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.
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June 10, 2024
Pa. Bridge Collapse Victim Can Only Get $5K, Court Told
Pittsburgh Regional Transit wants to trim claims brought by a passenger aboard a bus that was on the Fern Hollow Bridge when it collapsed in 2022, telling a Pennsylvania court that as a self-insured state agency, the most it would owe her is $5,000 for medical expenses.
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June 07, 2024
Real Estate Authority: EPA's Brownfield Funding Surge
Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.
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June 07, 2024
LIHTC Developer Asks 11th Circ. To Undo Investor Takeover
A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.
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June 07, 2024
Contractor Claims No Bad Intentions In Talking To Juror
A general contractor has doubled down on his bid to throw out a contempt conviction for talking to a juror before his suit was officially settled, telling a North Carolina appeals court he genuinely believed the case was over and didn't intend to disrupt the court or violate any order.
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June 07, 2024
DOE Reveals National Definition Of Zero-Emissions Building
The U.S. Department of Energy unveiled a federal definition for determining whether a residential or commercial building qualifies as a zero-emissions building as part of an ongoing effort to slash greenhouse gas emissions across the traditionally heavily emitting sector.
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June 07, 2024
Texas Top Court Denies Roofer's Challenge To Adjuster Laws
The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.
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June 07, 2024
Calif. Developer Seeks $5M Excess Coverage For Defect Suits
A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.
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June 07, 2024
Fla. Builder's Former In-House Atty Beats DQ Bid In Firing Suit
A Florida federal judge has rejected a development company's bid to disqualify the Boatman Ricci law firm from representing the company's former in-house counsel in his wrongful termination lawsuit.
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June 06, 2024
Calif. Justices OK UC Berkeley People's Park Housing Plan
The University of California, Berkeley, can move ahead with its plans to build a housing project in the historic People's Park, the California Supreme Court ruled Thursday, saying a new state law wipes out opponents' claims that the university's environmental impact study failed to look at potential student noise pollution.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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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.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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New Eagle Take Permit Rule Should Help Wind Projects Soar
The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.