Construction

  • July 24, 2024

    Home Depot Truck Rental Keeps Win In Ramp Injury Suit

    A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.

  • July 24, 2024

    IRS Sets Criteria For Carbon Capture Credit Life Cycle Report

    The Internal Revenue Service detailed standards and procedures Wednesday for a written report on a carbon sequestration facility's greenhouse gas emissions that project owners must submit and get agency approval on before claiming the carbon oxide tax credit.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 23, 2024

    Construction Co. Protests Union Clause In Army Corps Deal

    Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.

  • July 23, 2024

    Ex-Allied World Exec To Change Plea In $1.5M Fraud Case

    Allied World National Insurance's former executive, who pled not guilty to wire fraud charges earlier this year stemming from a $1 million embezzlement scheme, will change his plea next week in Connecticut federal court, according to a minute entry order entered Tuesday.

  • July 23, 2024

    US Cos. Say Italian Tube Biz's Duty Must Cover Romanian Co.

    Domestic tube producers have urged the U.S. Court of International Trade to order the U.S. Department of Commerce to redo an Italian manufacturer's duty rate, claiming the department needed to take a Romanian affiliate's production activities into account.

  • July 23, 2024

    Bros. Want New Trial For Concrete Price-Fixing Convictions

    Two brothers convicted earlier this month of involvement in a ready-made concrete bid-rigging and price-fixing scheme asked a Georgia federal judge Monday for another shot at trial, arguing that repeated testimony about purported law-breaking tipped the scales in favor of federal prosecutors.

  • July 22, 2024

    No Injunction For Co.'s DQ From Habitat Restoration Deal

    A U.S. Court of Federal Claims judge denied an Illinois-based construction company's emergency bid to halt the U.S. Army's procurement for a habitat restoration deal it was disqualified from, saying the protester failed to show it would be irreparably harmed.

  • July 22, 2024

    Trade Court Nixes Steel Duty Case Filed Years Too Late

    The U.S. Court of International Trade dismissed an importer's efforts to escape a duty on Turkish steel, saying Monday it should have sued once the duty was greenlighted, even if the legal grounds to do so weren't yet available.

  • July 22, 2024

    Claims Court Upholds JV's $15M Boiler Plant Contract

    A Court of Federal Claims judge rejected a construction company's protest over a $14.7 million U.S. Department of Veterans Affairs contract for renovating a boiler plant at a VA medical center in Pennsylvania, saying the agency reasonably awarded the contract to a mentor-protégé joint venture based on "best value trade-off."

  • July 22, 2024

    NC State Resolves Cancer Patient's Fight To Test Building

    North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.

  • July 22, 2024

    Native Villages Push For Injunction In Fed Broadband Row

    Two Alaskan tribes are urging a federal judge to step in and yank back $70 million in broadband infrastructure funds that they say the U.S. Department of Agriculture gave away to someone else after falsely marking them served.

  • July 22, 2024

    Dispute Paused For Arbitration In $51M NOLA Airport Case

    A Louisiana federal judge has stayed litigation initiated by a group of insurance companies in a $51 million dispute stemming from alleged design defects in a $1 billion terminal project at the Louis Armstrong New Orleans International Airport, saying claims against the insured companies will be decided in arbitration.

  • July 19, 2024

    Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.

  • July 19, 2024

    No Duty On Feds To Accept Importer's Late Filings, US Biz Say

    The U.S. Department of Commerce was within its rights to reject a Vietnamese pipe company's sixth circumvention probe extension request over the importer's claim for extra time, domestic pipe makers told the U.S. Court of International Trade Friday.

  • July 19, 2024

    Credit Rater Presses 4th Circ. To Trash Developers' Libel Suit

    Credit rating firm Dun & Bradstreet has asked the Fourth Circuit to scrap a group of apartment development companies' libel lawsuit, telling the court that nothing in a credit score was provably false.

  • July 19, 2024

    DC Circ. Sides With FERC In Wind Farm Hookup Cost Fight

    A D.C. Circuit panel on Friday backed the Federal Energy Regulatory Commission in disputes related to the transmission system upgrade costs that Tenaska Clear Creek Wind LLC faced to connect a 242-megawatt wind farm in northwest Missouri to the grid.

  • July 19, 2024

    2nd Circ. Rejects Webuild Discovery Bid In Panama Arbitration

    The Second Circuit on Friday affirmed a Manhattan federal judge's order that quashed a subpoena from Italian builder Webuild SPA to engineering firm WSP USA for use in an arbitration related to an expansion of the Panama Canal.

  • July 19, 2024

    Co. Says La. Utility Ditched Millions In Restitution Claims

    A Louisiana utility company wrongfully refused to accept $42.3 million in restitution for deficiencies found by a consulting company in meter technology that collects energy usage data, the consulting company alleged in Louisiana federal court.

  • July 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

  • July 18, 2024

    Commerce Finalizes More Triple-Digit Mattress Duties

    The U.S. Department of Commerce has announced its final determinations in anti-dumping investigations covering mattresses from four countries, with rates between 4.61% and 344.70%, and cleared Indonesian producers of countervailing duties, finding they benefited minimally from subsidies.

  • July 18, 2024

    Las Vegas Developer Says SEC's EB-5 Fraud Suit Falls Short

    A Las Vegas developer urged a Nevada federal judge to toss securities regulators' allegations she misappropriated $10 million raised by overseas investors hoping to come to the U.S. to pay down a loan for a project unconnected to their applications, arguing Wednesday the regulators fail to allege a wrongful state of mind.

  • July 18, 2024

    6th Circ. Looks To Wash Hands Of Waters Of US Appeal

    An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.

  • July 18, 2024

    Trade Court Dumps Tile Duties Set After Secretive Meeting

    A U.S. Court of International Trade judge overturned duties on marble-topped tile from China on Thursday, holding that federal officials failed to divulge the specifics of a closed-door meeting with a U.S. tile producer related to their investigation.

  • July 18, 2024

    Judge With Lake Property Exits $217M Dam Repair Tax Suit

    A Michigan federal judge said he would step aside in a fight over a $217 million tax assessment to fund dam reconstruction because he's part of the assessment district, though he warned that hundreds of plaintiffs could have their own conflicts.

Expert Analysis

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Beware OSHA's Aggressive Stance Toward Safety Violations

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    The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Payment Provision Lessons From NJ Construction Ruling

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    A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

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