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Construction
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December 06, 2024
NYC Council OKs Mayor's Affordable Housing Plan
The New York City Council passed a package of zoning reforms designed to spur housing production, greenlighting Mayor Eric Adams' City of Yes for Housing Opportunity plan after the city and state agreed to earmark $5 billion in funding to accompany the zoning overhaul.
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December 06, 2024
Insurer Escapes Defending Developer's Ga. Tree Removal
A Georgia federal judge freed an insurer Friday from defending developers blamed for wrongfully cutting down 120 feet of trees on a property line shared with a children's summer camp, finding the act was intentional.
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December 06, 2024
Biz Owner In $2.8M Worker Tax Scheme Asks To Avoid Prison
A construction company owner who admitted skirting $2.8 million in employment taxes by claiming that his workers were subcontractors, including one who fell to his death on a job, asked a Massachusetts federal court Friday for a sentence of home confinement rather than prison.
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December 06, 2024
Offit Kurman Adds Lanak & Hanna Environmental Atty In LA
Offit Kurman Attorneys At Law continues expanding its two-year-old Los Angeles office, announcing Thursday it is bringing in a Lanak & Hanna PC construction, environmental and real estate litigator as a principal.
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December 05, 2024
3rd Circ. Unsure Pa. Regulator Had Right To Deny Project
Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.
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December 05, 2024
Judge Backs Army Corps' Denial Of Bidder On $5M Project
A federal claims court judge on Wednesday affirmed the government's decision to reject an Illinois company's bid for a $5 million island habitat restoration, saying its ratings for past work and difficulties with an ongoing project were both fairly considered.
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December 05, 2024
Insurer Says Fake Adjuster Cost It $800K
An insurer told a Puerto Rico federal court that a lying and unlicensed adjuster and his company illegally stepped into a dispute with its insured, costing the carrier at least $800,000 while trying to compensate the territory's highway and transportation system for hurricane damages.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 03, 2024
Monsanto Expert Says No PCB Link To Kids' Conditions
Monsanto began its defense case Tuesday in the latest PCB trial with an OB/GYN who said he didn't believe that any of three sisters' skin problems or premature puberty stemmed from exposure to the chemical.
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December 03, 2024
AIG Unit Seeks Payback For $2.9M BJ's Injury Payouts
An AIG unit asked a New York federal court to force another insurer to cover at least part of the $2.9 million it spent settling two construction injury suits after ironworkers fell off ladders while building a Brooklyn, New York, BJ's Wholesale Club in 2014.
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December 03, 2024
Insurance Execs Charged With $250M Fake Policy Scheme
An insurance company and two executives issued bogus insurance policies purporting to offer over $250 million in coverage to companies and homeowners, according to an indictment announced by the Manhattan district attorney Tuesday.
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December 03, 2024
KPS To Acquire Resin Maker Ineos Composites In $1.8B Deal
Private equity shop KPS Capital Partners LP, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced plans to buy resin maker Ineos Composites, led by Slaughter and May, for roughly €1.7 billion ($1.8 billion).
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December 02, 2024
Monsanto PCB Jury Is Told Cancer Link Isn't Solid
A longtime Monsanto PCB expert told a Washington state court jury Monday that there is no solid evidence that the once-ubiquitous chemicals cause cancer in humans, saying "a cancer death here, a cancer death there" isn't conclusive.
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December 02, 2024
Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit
Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.
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December 02, 2024
Pa. Justices To Weigh Asbestos Suits For Defunct Co.'s Parent
The Supreme Court of Pennsylvania will take up an appeal over whether a case can pierce the corporate veil to turn tort claims against a dissolved company into claims against its parent company.
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December 02, 2024
Judge Trims Berkshire Unit's $20M Antitrust Trial Loss By 10%
A Colorado federal judge has rejected an effort by a Berkshire Hathaway-owned construction supplier to reverse a jury verdict against it for monopolistic practices, but agreed to trim a $20 million judgment by nearly 10% to prevent a potentially "expensive retrial."
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December 02, 2024
Mich. Justices Take Up Contractor's 'Fees For Fees' Appeal
The Michigan Supreme Court has agreed to review whether a construction contractor was entitled to additional attorney fees for time spent arguing that it was entitled to a fee award in its lawsuit alleging that a county-level road agency failed to disclose information about its hiring of minority-owned contractors.
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December 02, 2024
Shipping Industry Braces For Waves Of New Trump Tariffs
After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Developer Settles Landslide Claims From Ryan Homes, Town
The bankrupt developer of a housing project that was beset by landslides has settled with a construction company and a Western Pennsylvania township in exchange for finishing some of its remaining cleanup work and giving the township the remaining lots, burying a six-year dispute.
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November 27, 2024
WSFS Sues Sign-Maker After Letter Falls From Philly Rooftop
Wilmington Savings Fund Society FSB is suing the manufacturer and installer of logo signs placed at the top of buildings in Philadelphia, Pennsylvania and Wilmington, Delaware, alleging breach of contract and professional negligence claims after a large portion of the 'W' on its Philly building broke off and fell 40 stories to the ground.
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November 27, 2024
Howard Hughes Corp. Beats Hurricane Harvey Flood Suit
A Texas state appellate court has sided with Howard Hughes Corp. and an engineering company in an appeal brought by homeowners who claimed the companies were liable for property damage caused by Hurricane Harvey in August 2017.
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November 27, 2024
No Coverage For Drywall Co. In Murder Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a drywall company accused of negligently hiring a man who murdered a house cleaner in a home he was working on in Galveston County, telling a Texas federal court that several policy exclusions preclude coverage.
Expert Analysis
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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The Clock Is Ticking For Fla. Construction Defect Claims
Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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State Procurement Could Be Key For Calif. Offshore Wind
A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Opinion
US Solar Import Probe's Focus On China Is Misguided
The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.