Construction

  • September 24, 2024

    Fired United Rentals Worker Denies Competing In New Job

    United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.

  • September 24, 2024

    Ex-Employee Sues Ga. Boiler Co., Alleging Retaliation

    A Black former employee of Combustion and Controls LLC sued the boiler company in Georgia federal court Tuesday, claiming he was treated worse than white co-workers, racially insulted, threatened with violence and ultimately fired after reporting the hostility.

  • September 24, 2024

    Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild

    Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.

  • September 24, 2024

    Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row

    A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.

  • September 24, 2024

    Insurer Says Telecom Co. Not Covered For Marshall Fire Suits

    A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.

  • September 24, 2024

    Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit

    A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.

  • September 24, 2024

    King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal

    Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" minority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.73 billion.

  • September 24, 2024

    Interior Dept. Awarding $24 Million For Ecosystem Projects

    The U.S. Department of the Interior on Monday said it's awarding about $24 million to boost 50 ecosystem restoration projects across 34 states and territories.

  • September 23, 2024

    Battery Exec Can't Avoid Depo In $2B Plant Fight

    Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.

  • September 23, 2024

    NY Extends Industrial Property Tax Break Application Deadline

    New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.

  • September 23, 2024

    Atlanta Wants Almost-Starbucks Demolition Suit Tossed

    The city of Atlanta renewed its efforts Monday to toss a suit from a property owner who says his former restaurant space was illegally condemned, telling a Georgia federal judge that the suit is an attempted end-around of the municipal review process where the spat belongs.

  • September 23, 2024

    Mich. Township Scores Partial Win In Suit Over Bike Path Law

    A Michigan federal judge ruled that Jamestown Charter Township's ordinance allowing authorities to require developers to fund bike path construction is not facially unconstitutional, despite finding the municipality's recent tweaks to the law to be "suspicious."

  • September 20, 2024

    Real Estate Recap: Infrastructure Rally, Insurance Reckoning

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.

  • September 20, 2024

    Court Cuts Down Antitrust Suit From Loggers, Landowners

    An Oregon federal court has tossed a lawsuit by loggers and landowners that accused Iron Triangle LLC of monopolizing the market for logging services in part of the Pacific Northwest, saying they failed to show the logging and lumber company has monopoly power.

  • September 20, 2024

    Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss

    Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.

  • September 20, 2024

    Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar

    A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    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.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    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.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    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.

  • Series

    Playing Music Makes Me A Better Lawyer

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    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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    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.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • NY's Vision For Grid Of The Future: Flexible, Open, Affordable

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    Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

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