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Construction
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September 20, 2024
5th Circ. Reverses Insurer's Early Win In Silo Damage Dispute
The Fifth Circuit reversed an insurer's early win in a coverage dispute with an agricultural cooperative over damage to two grain silos, instead finding that questions remained about whether wind and weather damage because of faulty construction qualified as property damage under the policy.
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September 20, 2024
Slow Development Puts Nebraska District Into Ch. 9
A local development authority filed for Chapter 9 protection in Nebraska after laying out significant funds to install roads and sewer systems for a housing development that was stalled by the 2008 financial crisis.
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September 20, 2024
Tribe's Stateless Status Undoes $1.9M Construction Suit
A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.
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September 19, 2024
Wells Fargo Judge Says NDA Isn't A 'Gag' In Loan Bias Case
A California federal judge on Thursday challenged Wells Fargo's arguments seeking to prevent a former underwriter from testifying as an expert in a proposed class action claiming the bank discriminated against non-white borrowers, saying a confidentiality agreement the ex-employee purportedly signed couldn't be used as a "gag" to silence him.
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September 19, 2024
76ers To Get New Philly Arena In $1.3B Project, Mayor Says
The Philadelphia 76ers are getting a new arena in Chinatown as part of a $1.3 billion project that will bring hundreds of jobs, Philadelphia Mayor Cherelle Parker announced in a video message.
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September 19, 2024
Trade Court OKs Reduced Tariffs On Chinese Wood Floors
The U.S. Court of International Trade greenlet revised antidumping tariffs on Chinese wood flooring, saying the reduction addressed its concerns with how the U.S. Department of Commerce calculated the tariffs for Chinese producers outside Beijing's control.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Quinn Emanuel Role Must Face Scrutiny, Djibouti Tells DC Circ.
The Republic of Djibouti has told the D.C. Circuit that there is no need to take a second look at a panel's July opinion that sent a dispute involving a $470 million-plus arbitral award back to the trial court to determine whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent a port operator in a long-running legal battle.
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September 19, 2024
Commerce Ordered To Explain How It Nixed Steel Duty
The U.S. Court of International Trade remanded the U.S. Department of Commerce's antidumping duty on Italian steel plates for explanation as to why Commerce used an alternative methodology that dropped the duty to 0% while recalculating the tariff.
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September 18, 2024
Iraq Wants DC Circ. To Upend Cypriot Co.'s $120M Award
Iraq has told the D.C. Circuit that it is appealing a lower court decision giving a Cypriot construction firm permission to force the country to satisfy a nearly $120 million arbitral award obtained in a dispute over a major port project.
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September 18, 2024
Mexican Parts Maker Rehires Worker To End USMCA Probe
A Mexican parts manufacturer rehired a worker fired allegedly for conducting union activities and agreed to train its workforce on collective bargaining rights to end an investigation under the U.S.-Mexico-Canada Agreement into claims that the plant violated workers' organizing rights, the U.S. Trade Representative has announced.
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September 18, 2024
Feds Delay Report Into Surfside Condo Collapse Until 2026
Federal investigators said a draft report into the June 24, 2021, collapse of the Champlain Towers in Surfside, Florida, that killed nearly 100 people won't be ready until 2026, instead of next year, after a series of holdups.
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September 18, 2024
DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse
The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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September 18, 2024
Mich. Town Wants Stay During Appeal Over $2B Battery Plant
A central Michigan township has asked a federal judge to pause enforcement while it appeals a previous ruling finding local officials violated a development agreement by trying to withdraw support for a more than $2 billion battery components plant to be built by Gotion Inc.
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September 18, 2024
Toshiba Loses Bid To Sanction Mich. Energy Cos. Over Depo
A Michigan federal judge has rejected Toshiba and its subsidiary's request for sanctions against the state's largest energy companies despite Toshiba's claim that their witness failed to answer certain questions at a deposition, ruling Toshiba didn't properly lay out what it wanted the witness to talk about and that his other answers were appropriate.
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September 17, 2024
Univ. Can Expand Coastal Campus, Mass. Appeals Court Says
A Massachusetts university has no obligation to preserve for public use 12 acres of land in a coastal town just north of Boston, the state's intermediate-level appeals court ruled.
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September 17, 2024
Mass. Contractor Owes $77K For Violating Davis-Bacon Act
Five construction workers recovered $77,206 after they were stiffed of prevailing wages and fringe benefits on a Davis-Bacon Act project in Boston, the U.S. Department of Labor announced Monday.
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September 16, 2024
Ex-Union Leader's Nephew Heads Off Extortion Trial With Plea
The nephew of the former business manager of International Brotherhood of Electrical Workers Local 98 pled guilty Monday to attempting to shake down a casino contractor for a paycheck for work he never performed, Philadelphia's top federal prosecutor announced.
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September 16, 2024
Telecom Installer To Pay Workers $600K To End DOL Probe
A Michigan-based fiber optics installer will pay $594,000 in back pay and damages to 63 workers whom the U.S. Department of Labor says the company misclassified as independent contractors, the agency announced Monday.
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September 16, 2024
2 Former High-Ranking FDNY Officers Charged With Bribery
Two former high-ranking New York City Fire Department chiefs were charged in a federal indictment unsealed Monday with taking bribes to fast-track fire safety plan reviews and inspections for certain businesses.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
NJ Jury Puts $26M Price Tag On Land In Development Battle
A New Jersey federal jury found that the owner of a 22-acre former Michelin Tire & Rubber Co. factory at the heart of a land-taking battle should get $25.6 million from a borough redevelopment agency that argued the parcel would fetch less than a third of that figure on the market.
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September 13, 2024
Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.
The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
NC City Illegally Foiled Affordable Housing Effort, Builder Says
A coastal North Carolina city conspired to block an affordable housing project near the Camp Lejeune military base, flying in the face of demand, a project developer claimed in North Carolina federal court.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Differences In Enforcing Oral Settlements In NJ And Pa.
New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Checklist For Lenders Preparing For CRE Loan Defaults
Considering the recent interest rate environment, lenders should brush up on the proper steps that they should take when preparing to respond to a borrower's default on a commercial real estate loan, and borrowers should understand what lenders will be reviewing, says attorney Norma Williams.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.