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Construction
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February 25, 2025
Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit
An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.
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February 25, 2025
PLA Amendment Moots Contractor Dispute, Gov't Says
The federal government has asked the U.S. Court of Federal Claims to dismiss a case challenging the requirement that contractors submit a project labor agreement with their solicitations for government projects, saying the requirement has already been removed from the solicitations at issue.
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February 25, 2025
Fla. Bill Targets Last-Resort Coverage For Unsafe Condos
A bill introduced ahead of Florida's 2025 legislative session looks to bar the state's Citizens Property Insurance Corp. from providing or renewing coverage policies for condominiums that fall short of inspection requirements.
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February 25, 2025
5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud
A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.
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February 25, 2025
Atlanta Says 'Cop City' Completion Moots Public Vote
The city of Atlanta has told the Eleventh Circuit that the recent completion of its controversial "Cop City" police training center should render moot a lawsuit by noncity residents who had hoped to force a long-stalled public vote to roll back the city's approval of the project.
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February 25, 2025
Silicon Valley City Planners Say Landowners Can't Duck Suit
A company backed by a group of Silicon Valley business people looking to build a mini-city has urged a California federal court not to toss price-fixing claims against Solano County property owners, arguing that doing so at this point would be "premature."
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February 24, 2025
Border Wall Cos. Learned Of Fund Row In 2024, 5th Circ. Told
A group of contractors told the Fifth Circuit Monday that they had no choice but to intervene in Texas and Missouri's suit over border wall funds on the eve of a final judgment because they were only notified days before that a preliminary injunction regarding the funds would affect them.
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February 24, 2025
'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told
A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.
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February 24, 2025
4 Things Attys Should Know About Pennsylvania's Budget
Pennsylvania Gov. Josh Shapiro heads into the 2025-2026 budget year proposing to spend $51.5 billion, with corporate tax cuts and tax credit reforms bolstered by regulating so-called skill games, legalizing recreational cannabis and replacing an industry-opposed, multistate carbon cap-and-trade program with one run solely by Pennsylvania.
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February 24, 2025
Engineering Co.'s $4.1M Claims Axed In Army Corps Dispute
The Armed Services Board of Contract Appeals has dismissed an engineering company's claims seeking $4.1 million in damages after the U.S. Army Corps of Engineers terminated a Mexico City-based construction contract, saying the court lacks jurisdiction.
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February 24, 2025
GAO Sinks Protest Over Army Corps Solicitation Amendment
The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.
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February 24, 2025
Apple To Invest $500B In US Over 4 Years As Tariffs Mount
Apple said Monday that it would invest $500 billion in the U.S. over the next four years, weeks after President Donald Trump placed a 10% tariff on goods from China, where the company sources components for its products, and threatened tariffs on semiconductors.
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February 21, 2025
Army Corps Contract Releases Not Clear On Rust Remediation
The Armed Services Board of Contract Appeals rejected the Army Corps of Engineers' attempt to evade a challenge from Sauer Construction LLC, saying there's a genuine issue of material fact whether the contractor's rust remediation claim is preempted by previous contract modifications.
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February 21, 2025
Real Estate Recap: 'Park Ave' Effect, Federal Leases, Atty Hires
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a fourth-quarter "Park Avenue Phenomenon" seen by top brokerages, industry reaction to the potential federal lease slimdown, and a senior analyst's projection for family office investment in commercial real estate.
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February 21, 2025
Md. Senate OKs Tax Break For Service Station Conversions
Certain retail service stations in Maryland converted to other uses would be eligible for local property tax breaks under legislation approved by the state Senate and sent to the House.
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February 21, 2025
Fed. Circ. Scraps Ruling On $14M Army Corps Contract Row
A contract appeals board didn't fully consider the entirety of a modified contract before determining a company tapped to provide emergency power services in the U.S. Virgin Islands and Puerto Rico was not entitled to a $14 million claim, a Federal Circuit panel ruled.
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February 21, 2025
Adams Judge Won't Toss Case, Taps Paul Clement For Review
The federal judge in charge of the corruption case against New York City Mayor Eric Adams declined Friday to toss the charges at the request of President Donald Trump's Justice Department, instead appointing litigator Paul Clement to assist in a "careful" decision.
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February 21, 2025
Ex-Cognizant Execs Balk At Wording Of Trial Date Draft Order
Attorneys for two former executives of Cognizant Technology Solutions Corp. told a New Jersey federal judge on Friday that they object to the government's wording of a proposed order for proceeding with their Foreign Corrupt Practices Act trial on March 3.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
Calif. Rail Project Back In Trump's Crosshairs With DOT Probe
The U.S. Department of Transportation on Thursday launched a compliance review into California's high-speed rail project, casting uncertainty over approximately $4 billion in federal funding for the beleaguered project that is back in the Trump administration's crosshairs.
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February 20, 2025
Enbridge's Pipeline Tunnel Approval OK'd By Mich. Panel
A Michigan appellate court panel on Wednesday struck down environmental groups and tribal nations' challenge to a Michigan Public Service Commission's decision to allow Enbridge Energy to dig an underground tunnel to house part of an oil and natural gas pipeline, finding state regulators' decision was supported by evidence.
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February 20, 2025
Fed. Circ. Revives Claims Over Maui Bypass Work Delays
A Federal Circuit panel has directed the U.S. Court of Federal Claims to decide if the government flouted a construction contract after officials took nearly seven months to sign an agreement to relocate utilities and four months to obtain right of way for crews on a $38.7 million bypass relocation project in Maui.
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February 20, 2025
Chicago Lawmakers Give Final OK For $7B Mixed-Use Project
Chicago lawmakers reportedly gave the final green light for a $7 billion mixed-use development project headed by the DLA Piper-guided owners of the city's United Center stadium.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
NY Expands Local Power To Give Storm Damage Tax Breaks
New York state expanded municipalities' authority to provide property tax breaks to owners of property damaged by severe storms and other natural disasters by allowing that relief to be granted for small business' property as part of a bill signed by Gov. Kathy Hochul.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3rd. Circ. Ruling Shows Employers Where To Put ADA Focus
A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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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.