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Construction
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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.
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June 05, 2024
1st Circ. May Undo Tribal Casino Bribery Convictions
First Circuit judges hinted Wednesday that jurisdictional flaws and other issues could reverse the bribery convictions of an architect and tribal chairman in connection with a proposed $1 billion casino in southeastern Massachusetts.
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June 04, 2024
Monsanto Tries To Flip $1B PCB Losses As Plaintiffs Press On
Monsanto is moving to capitalize on a Washington state appellate victory it claims casts doubt on more than $1.1 billion in PCB poisoning verdicts, while plaintiffs are staking out positions to defend — and even build on — their blockbuster wins.
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June 04, 2024
Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations
The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.
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June 04, 2024
Construction Co. Says $1B Texas Chemical Plant Bill Unpaid
The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.
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June 04, 2024
White House Threatens Veto Over Policy Riders In VA Bill
The White House has threatened to veto a $147.5 billion bill funding military construction and the U.S. Department of Veterans Affairs, citing partisan policy proposals it said would harm minority groups and risk patient safety at VA medical facilities.
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June 04, 2024
Developer, Buyer Settle $10M Miami Condo Dispute
A German citizen and a developer have settled their dispute over a $9.6 million deal to buy a highly customized duplex condominium unit in a new Miami high rise, according to a notice filed in Florida federal court Monday.
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June 04, 2024
Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator
Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.
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June 04, 2024
Ex-Restoration Co. Execs 'Teeter' On Contempt, Judge Says
The former presidents of a property restoration company have staved off civil contempt after narrowly convincing a North Carolina Business Court judge that they merely misunderstood an injunction curbing their business activities as opposed to flagrantly disregarding it.
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June 03, 2024
Slipshod Shipping Cost Analysis Lands Commerce Remand
The U.S. Department of Commerce must check its work on duties covering mobile lift equipment after the U.S. Court of International Trade deemed its shipping cost data analysis a "mixed bag" that could have led to a different rate.
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June 03, 2024
4 Mass. Rulings You Might Have Missed In May
Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.
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June 03, 2024
'Luxury' Wasn't Part Of Mansion Deal, 3rd Circ. Told
An attorney for a luxury home-building company asked the Third Circuit on Monday to throw out a six-figure judgment against the company for allegedly falling short on its promise to construct a high-end house for two Western Pennsylvania homeowners, arguing the customers' suit was not based on promises made in the contract but on vague marketing statements.
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June 03, 2024
PPG Blames Enviro Groups For Pa. Site Cleanup Delay
PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.
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June 03, 2024
Chancery Suit Over $1.4B Building Co. Merger Survives Trims
The CEO, controlling investor and board members of specialty building product maker Foundation Building Materials Inc. must face Delaware Court of Chancery breach of fiduciary duty claims filed by stockholder after a $1.4 billion company sale, a Delaware vice chancellor has ruled.
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June 03, 2024
Bid To Disqualify Firm In Hawaii Warehouse Suit Denied
A Hawaii federal magistrate judge has denied a bid to disqualify McCorriston Miller Mukai MacKinnon LLP from representing Schulte Building Systems in litigation accusing the manufacturer of producing shoddy steel components for certain agricultural warehouses in Oahu.
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June 03, 2024
CORRECTED: Justices Delay Cert Decision On OSHA Standard Setting
The U.S. Supreme Court is holding off on deciding if it will review a split decision from the Sixth Circuit that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, a ruling that the lower federal appellate court declined to rehear in December.
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May 31, 2024
Monsanto PCB Plaintiffs Want $185M Wash. Win Restored
A group of public school teachers is urging the Washington State Supreme Court to review a state appellate court decision overturning their $185 million win in a PCB tort against Monsanto, contending the ruling stifles plaintiffs' rights in cases stemming from the same school site and other product liability litigation.
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May 31, 2024
Chancery Dismisses Pipeline Co. Merger Side-Deal Suit
An Energy Transfer LP subsidiary lost a Delaware Court of Chancery suit on Friday accusing four former officers of reaching a secret side deal with a pipeline company for construction of a costly, high-pressure natural gas pipeline, in a decision that also tossed arbitration challenges.
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May 31, 2024
US, Mexico Reach Truce On Steel Factory Labor Violations
A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Trade Commission Advances Indian Ceramic Tile Probe
The four commissioners of the U.S. International Trade Commission voted unanimously Friday to advance anti-dumping and countervailing duty investigations into ceramic tile imports from India, backing evidence nine U.S. producers proffered to show harm from the overseas competition.
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May 31, 2024
Electrolux Calls For Duties On Refrigerators From Thailand
A subsidiary of Swedish appliance maker Electrolux is calling on the U.S. to place anti-dumping duties on top-freezer refrigerator imports from Thailand, alleging in a duty petition that a surge of unfairly traded imports has been undercutting domestic sales.
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May 31, 2024
3rd Circ. Preview: Labor Battles Heat Up In June
Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.
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May 31, 2024
Contractor, Insurers Settle NYC Four Seasons Coverage Row
A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.
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May 31, 2024
GRSM50 Brings On Clausen Miller Insurance Pro In SF
Gordon Rees Scully Mansukhani LLP, which now goes by the name GRSM50, is expanding its team, announcing Thursday it is bringing on a Clausen Miller PC insurance specialist as a partner in its San Francisco office.
Expert Analysis
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Bid Protest Spotlight: Standing And A Golden Rule
In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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CFTC Moves May Boost Interest In Voluntary Carbon Markets
As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Employer Lessons From NLRB Judge's Union Bias Ruling
A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Strict Duty To Indemnify Ruling Bucks Recent Trend
A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.
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Ex-OpenSea Staffer Case May Clarify When Info Is Property
In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.