Construction

  • May 29, 2024

    Surety Seeks Over $2.75M In Prison Fencing Work Coverage

    A construction surety told a West Virginia federal court Wednesday that subcontractors for a prison fencing project must reimburse it for more than $2.75 million in losses it incurred while settling faulty work claims asserted by the project's general contractor.

  • May 29, 2024

    Honeywell Ends Suit Over $8.75M Bond For Army Base Work

    A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.

  • May 29, 2024

    Texas Judge Bans Using $1.4B Border Wall Funds For Repairs

    A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.

  • May 29, 2024

    Ex-Philly Union Leader Wants To Delay New Extortion Trial

    Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.

  • May 29, 2024

    8th Circ. Backs Ark. Landowners' Jury Win In Flooding Suit

    The Eighth Circuit has upheld a group of Arkansas landowners' nearly $350,000 jury win in their lawsuit accusing Lawrence County of building a bridge that caused flooding that damaged their crops.

  • May 29, 2024

    Ind. Tax Court Says Hotel In Construction Was Fairly Assessed

    An Indiana hotel that was under construction in 2010 was properly assessed despite claims that the county assessor had not assessed all unfinished commercial properties equally, the state tax court ruled.

  • May 29, 2024

    Contractor Talking To Juror Warrants Contempt, NC Panel Told

    A general contractor interfered with the court when he spoke to a juror during a civil trial involving his company, state prosecutors told a North Carolina appellate court in seeking to have the contractor's contempt conviction upheld.

  • May 29, 2024

    11th Circ. Backs Insurer's Win In Trampoline Injury Suit

    United Specialty Insurance had no duty to defend or indemnify a landscaper accused of negligently installing a trampoline that led to a child's injuries, the Eleventh Circuit affirmed, finding that the landscaper's insurance application expressly disclaimed the installation of recreational or playground equipment.

  • May 29, 2024

    Colo. Creates Tax Credit For Creative Industries Infrastructure

    Colorado established a state income tax credit for capital improvement projects that support creative industries, under legislation signed by Gov. Jared Polis.

  • May 29, 2024

    Treasury Details Which Tech Would Get Clean Energy Credits

    Treasury released proposed rules Wednesday outlining which technologies would qualify for new zero-emission energy tax credits, saying wind, solar and geothermal are among those that would make the cut.

  • May 28, 2024

    Iraq Says $120M Pier Award Enforcement Suit Must Be Nixed

    Iraq is fighting a D.C. federal court's default judgment enforcing a nearly $120 million arbitral award issued to a Cypriot engineering firm following a dispute over a massive €204 million ($221.6 million) project relating to a port facility that, once completed, will be among the world's largest.

  • May 28, 2024

    2 Alaska Tribes Want USDA Broadband Allotment Blocked

    Two Alaskan tribes suing the U.S. Department of Agriculture for allegedly failing to get required tribal approval before giving out $70 million in broadband grants are now asking the federal judge hearing the case to stop any funding from going out until their challenge is heard.

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Conn. Judge Asks If 'Sham' Exception Saves Stadium Fight

    A Connecticut appellate judge asked Tuesday if a "sham" exception to limits on government contracting lawsuits can restore claims that the city of Hartford ran a fake bidding process for the redevelopment of Dillon Stadium, but counsel for several defendants pushed back and said it would not apply to the facts of the case.

  • May 28, 2024

    FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told

    The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.

  • May 24, 2024

    Real Estate Authority: Adaptive Reuse, Climate Risk, SFR

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including one BigLaw real estate leader's take on adaptive reuse, the enduring risk of climate change for public companies, and the latest industry player perspectives on the single-family rental market.

  • May 24, 2024

    China Tariffs To Return For Air Fryers, Bikes, Chairs In June

    The Office of the U.S. Trade Representative announced Friday the end of tariff relief for hundreds of items currently exempt from duties covering over $300 billion worth of Chinese goods, with mainly commercial product exclusions set to continue.

  • May 24, 2024

    Conn., Property Owners Say Town Is Wrong On Housing Law

    Connecticut's Department of Housing and several property owners in New Canaan are taking issue with the town's arguments in a bid to pause its lawsuit challenging the state's denial of affordable housing credits, saying the town is misinterpreting a recently passed bill.

  • May 24, 2024

    Contractor Entitled To Share In Navy Savings, Board Rules

    The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

  • May 24, 2024

    HNTB's Liability Capped In Seattle Tunnel Delay Claim

    A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

  • May 24, 2024

    Ex-Employee, Furnisher Renew Settlement Bid In FLSA Suit

    A corporate office furnisher and a former employee who alleged he was fired after complaining about unpaid overtime have once again asked a Georgia federal judge to approve a settlement between them, saying they cured all issues identified by the judge when he refused to approve the deal in April.

  • May 24, 2024

    Engineering Co. Mismanaged 401(k) Plan, Ex-Worker Says

    An engineering company forced participants in its $5.1 billion retirement plan to pay lofty administrative fees by automatically enrolling them into expensive managed account programs, thereby breaching federal benefits law, according to a proposed class action filed in Virginia federal court Friday.

  • May 24, 2024

    NY AG Sues Over Illegal Long Island Wetland Construction

    New York prosecutors on Friday sued to force a contractor to pay nearly $600,000 and restore a Long Island wetland area the company has been using as a storage site after illegally clearing vegetation and building a parking lot more than a decade ago.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    US Cos. Call On Fed. Circ. To Restore Chinese Plywood Duties

    A U.S. plywood group is urging the Federal Circuit to unwind five U.S. Court of International Trade remands that shrank a Chinese competitor's anti-dumping duties from 183.36% to nothing, saying the court forced the government to accept unreliable data.

Expert Analysis

  • 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.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

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