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Construction
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August 16, 2024
DC Circ. Rolls Back Pipeline Safety Rules
The D.C. Circuit on Friday threw out a handful of new safety standards for gas transmission pipelines set by the U.S. Department of Transportation, ruling that federal regulators failed to explain why their benefits outweighed their costs.
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August 16, 2024
Insurer Seeks Early Win In Faulty Home Construction Dispute
A construction company's insurer echoed its stance that its insured is not owed coverage for an underlying faulty workmanship lawsuit, telling a Georgia federal court that the defects alleged do not equate to property damage outside the contractor's own work, thus falling outside the policy's scope of coverage.
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August 16, 2024
DC Circ. OKs Energy Cos.' $395M Spain Award Suits
The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.
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August 15, 2024
Judge Rejects GE's Bid To Pull Plug On Contamination Suit
A Louisiana federal judge on Wednesday refused to let General Electric escape a lawsuit alleging it is liable for widespread environmental contamination caused by a now-closed pressure valve manufacturing facility that GE used to own.
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August 15, 2024
Baker McKenzie Adds 2 A&O Shearman Attys In Johannesburg
Baker McKenzie is beefing up its global disputes practice at its Johannesburg office with the arrival of two attorneys from A&O Shearman and another from Cliffe Dekker, the firm announced Thursday.
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August 15, 2024
Pa. Utility Regulator Insists It Can Reject Grid Project
The Pennsylvania Public Utility Commission is urging the Third Circuit to reinstate its denial of a transmission project regional grid operator PJM Interconnection approved, saying the Federal Power Act and PJM's tariff can't be used to override its rejection of a "wasteful and counterproductive project."
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August 15, 2024
6th Circ. Finds Biden Had Power To Fire Former NLRB GC
President Joe Biden lawfully fired former National Labor Relations Board general counsel Peter Robb more than three years ago, the Sixth Circuit ruled, with the appeals court saying removal protections for the agency's top prosecutor would affect the official's accountability to the president.
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August 15, 2024
Conn. Couple, Cos. Clash In Waterfront Access Suit
A married couple and several companies are battling in Connecticut state court over the companies' motion to personally examine two related Bridgeport properties and other areas in the couple's waterfront access suit.
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August 15, 2024
Baha Mar Builder Blames Developer Debt As $1.5B Trial Wraps
Counsel for the Chinese state-owned construction firm that built the Bahamian luxury resort Baha Mar closed out a bench trial in New York state court on Thursday arguing that it was the resort developer's overleveraged debt, not delays in the building process, that led to $1.5 billion in losses.
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August 15, 2024
Federal Circuit Upholds Duties On Steel Nails From Taiwan
The Federal Circuit upheld the "dumping margin" duties charged on certain Taiwanese nail imports, finding that the U.S. Department of Commerce had been unable to wring detailed data out of some of the producers and was thus justified in relying on outside facts when calculating the rates.
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August 15, 2024
White Collar Partner Duo Joins Duane Morris In NY
Duane Morris has hired two new trial partners in New York who've spent the last 15 years working together as white collar attorneys at Peckar & Abramson.
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August 15, 2024
Asphalt Co. To Pay $6.5M For Criminal Bid-Rigging Scheme
A Detroit-area asphalt paving company was sentenced Thursday to pay $6.5 million after it pled guilty to participating in a sprawling bid-rigging scheme in Michigan, with federal prosecutors alleging the company's leaders worked with competitors to drive up the price of paving contracts.
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August 14, 2024
Top Stories From Real Estate's Latest Quarterly Updates
Catch up on the headlines made by the largest public real estate companies during their latest quarterly earnings calls with investors, from data centers and lease deals to market forecasts and casinos.
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August 14, 2024
Biz Says Mich. Cities Ignore Taxpayers In Fee-Or-Tax Fight
A pipe fitting business has urged the Michigan Supreme Court to reject municipal organizations' "histrionic" arguments that cities' financial stability will be in jeopardy if the top court finds Detroit's fire inspection fee is a disguised tax, saying the groups are disregarding citizens' rights to be free from illegal taxes.
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August 14, 2024
BP Unit Can't Escape Truck Stop Suit, Developers Claim
Companies suing a BP subsidiary for terminating their truck stop franchise agreement and leaving them stuck with unrecoverable development costs hit back against its "shotgun approach" to have their suit seeking more than $300 million in damages thrown out, telling an Ohio federal judge that their complaint is grounded in compelling claims.
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August 14, 2024
Ohio Panel Says Union Wage Dispute Filed In Wrong Court
An Ohio state appeals court declined to rule on a union's appeal in its suit over whether the state's prevailing wage law pertains to the construction of a college dormitory by a public university because the union sued in the wrong county, avoiding deciding a matter of first impression.
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August 14, 2024
NC DOT Looks To Ditch Race Bias Suit Over $17.8M Megasite
The North Carolina Department of Transportation wants an early exit from a subcontractor's suit claiming that its Black employees were met with racial discrimination on a large development site, saying the subcontractor's real beef is with the main contractor on the project.
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August 14, 2024
Insurer Off Hook For Jury Award In Construction Dispute
A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.
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August 14, 2024
Rising Star: Perkins Coie's Mica Klein
Mica Klein of Perkins Coie LLP has advised Microsoft on a series of data center and electrical substation construction projects across North, Central and South America and represents the Seattle Mariners in a major stadium renovation, earning her a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
No Cause To Revisit Maple Leaf Standard Yet, Fed. Circ. Says
The Federal Circuit on Tuesday declined a solar industry group's push to review a decades-old, "breathtakingly deferential" precedent a panel invoked in a decision affirming the president's Trade Act authority to make existing solar safeguard tariffs more trade restrictive.
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August 13, 2024
Panama Seeks Pause In Construction Co.'s $4.8M Award Suit
Panama has asked a Florida federal court to stay discovery as it faces a Miami businessman's countersuit claiming a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, arguing that a separate arbitration will resolve outstanding issues.
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August 13, 2024
3 International Trade Cases To Watch: Midyear Report
The Federal Circuit is on track to issue its final word in challenges to duties on Chinese products and a lumber dispute seeking the court's guidance despite an ongoing trade pact arbitration, while the World Trade Organization's dispute tribunal is hashing out Brussels' beef over Colombia's tariffs on frozen french fries. Here, Law360 highlights three cases to watch during the second half of this year.
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August 13, 2024
Contractors Owe $7M For Iron Plant Fire, Insurer Says
An insurer for one of the world's largest steel producers told a Texas federal court that five companies it said were responsible for the design, manufacture, sale and installation of a failed component at an iron plant must foot the bill for a fire that cost the producer nearly $7 million.
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August 13, 2024
Rival Building Suppliers Net $3M Deal To End Competition Tiff
A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.
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August 13, 2024
Insurer Owes $18M For Lost Wind Farm Deals, Suit Says
Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.
Expert Analysis
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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3 Power Rulings Change Outlook For Transmission Cos.
The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.
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How New Fla. Condo Law Will Affect Owners' Finances
As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.