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Construction
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May 05, 2025
Insurer Knowingly Skimped On Storm Probe, Texas Court Told
A Houston-area developer's insurer deliberately refrained from a proper investigation after a May 2024 storm and thus came up short on covering losses, the developer told a Texas federal court Monday.
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Contractors Settle Mass. AG's YMCA Asbestos Claims
The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 01, 2025
Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says
A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.
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May 01, 2025
Board Denies Corps Bid To Trim Some Hangar Project Claims
The Armed Services Board of Contract Appeals refused to toss some claims that a company seeking over $6 million in damages from the Army Corps of Engineers lodged over delays and cost increases on a hangar reconstruction project at Davis-Monthan Air Force Base in Arizona.
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May 01, 2025
Argentina Must Pay $147M In Webuild Feud
An international tribunal has ordered Argentina to pay Italian construction giant Webuild $147 million after the country nixed a contract to construct and operate a bridge and toll road connecting two northeastern provinces, having already unanimously concluded in 2023 that Buenos Aires was liable in the dispute.
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May 01, 2025
8th Insurer Dismissed In Pulte Coverage Row
Two PulteGroup subsidiaries said Thursday they'll dismiss their property damage coverage claims with prejudice against an insurer over structural issues at a residential development, marking the eighth dismissal of an insurer since the homebuilder first sued a raft of carriers in New Mexico federal court in October 2023.
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May 01, 2025
'Continuous' Defaults Wipe $20M Gas Plant Verdict, Court Told
Arrow Field Services LLC has asked the Texas Supreme Court to wipe out a $20 million verdict for its general contractor on a North Dakota natural gas plant because the company "was in continuous default" during the project.
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May 01, 2025
Home Depot Faces Tool Rental 'Damage Protection' Suit
Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Winston & Strawn Guides $450M Loan For Miami Stadium Plan
The developers of a $1 billion Miami soccer stadium project under construction have secured a $450 million mortgage from JPMorgan Chase Bank in a transaction advised by Winston & Strawn LLP.
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April 30, 2025
Law Firm Beats Claims Of Botching NYC Construction Suit
A New York law firm has won dismissal of a malpractice suit from a construction subcontractor in New Jersey state court, with the judge finding that the firm, headquartered in Long Island, is outside his jurisdiction.
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April 30, 2025
K&L Gates Hires Ex-White & Case Atty As Partner In Australia
K&L Gates LLP announced it has brought on a former White & Case LLP attorney as a partner for its energy, infrastructure and resources team in its Melbourne, Australia, office.
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April 29, 2025
After High Court Reversal, 4th Circ. OKs Asbestos Ch. 11 Plan
The Fourth Circuit upheld on Tuesday the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., which have faced a raft of asbestos injury claims, agreeing with lower courts that the plan was reached in good faith despite one insurer's objections.
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April 29, 2025
Deloitte, SCANA Investor Class Settle Suit Over Failed Project
Deloitte and a certified class of SCANA Corp. investors told a South Carolina federal judge Tuesday they've settled claims accusing the accounting firm of issuing audit reports that misled investors about the progress the utility company was making on a $9 billion nuclear energy expansion project that never came to fruition.
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April 28, 2025
Pulled Decision Dooms Chicago Disposal Site Suit, Feds Say
The U.S. Army Corps of Engineers urged an Illinois federal judge to toss a suit challenging its decision to expand a disposal facility that stores sediments dredged from Chicago waterways now that it has withdrawn that decision.
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April 28, 2025
Wash. Judge Tosses Investor's $42M Real Estate Con Suit
A federal judge in Seattle threw out a Las Vegas investment company's lawsuit accusing four businessmen of a $42 million fraud scheme, saying on Monday that the firm hasn't shown a "substantial part" of the allegations occurred in western Washington.
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April 28, 2025
Green Group Says Shell Case Discovery Fees Are Too Costly
A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.
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April 28, 2025
Commanders Agree To NFL Stadium Deal, Return To DC
The Washington Commanders will move from their current home in Maryland to a $3 billion stadium at the site of their previous stadium in D.C., team and city officials announced Monday, less than two years after the Commanders were bought by new ownership and less than four months after the federal government transferred control of the site to the city.
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April 28, 2025
High Court Skips Review Of Investors' Eminent Domain Case
The U.S. Supreme Court refused Monday to review a case from a pair of real estate investors who sought more compensation from a New York transportation authority that used eminent domain to take their renovated residential property.
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April 28, 2025
Md. Expands Tax Break For Biz-Owned Child Care Property
Maryland expanded eligibility for a property tax credit for Anne Arundel County businesses that dedicate a portion of their property to child care services under a bill signed by the governor.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
Expert Analysis
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.