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  • October 1, 2018

    KBR Board Escapes Derivative Suit Over Financial Reporting

    A Delaware federal judge on Sunday dismissed a shareholder derivative suit that accused KBR Inc.'s board of directors of faltering in its oversight of the company’s financial reporting, saying the complaint did not adequately allege that the directors disregarded “red flags” about problems with KBR's internal controls.

  • October 1, 2018

    Justices Focus On FWS Discretion In Frog Habitat Oral Args

    U.S. Supreme Court justices on Monday appeared deeply conflicted about whether to agree with the Fifth Circuit's finding that the U.S. Fish and Wildlife Service had discretion to protect 1,500 acres in Louisiana for an endangered frog species that does not currently live there.

  • October 1, 2018

    Dominion Power Line OK Was By The Book, Army Corps Says

    The U.S. Army Corps of Engineers satisfied its obligations under federal environmental and historic preservation laws in reviewing and allowing a Dominion Energy Inc. electricity transmission project to cross the James River in Virginia, the agency told the D.C. Circuit on Friday.

  • October 1, 2018

    High Court Won't Reinstate $30M Verdict Against Fla. Town

    The U.S. Supreme Court refused Monday to take up the appeal of a property owner whose $30 million “takings” verdict against a small northeastern Florida town was thrown out by an appeals court because it disagreed with the methodology used to assess the takings claim.

  • October 1, 2018

    Pittsburgh Can't Escape FCA Housing Suit, Groups Say

    A coalition of Pittsburgh community groups has insisted in Pennsylvania federal court that the city failed to meet the requirements of two federal Housing and Urban Development funding programs, saying the fact the city kept receiving the funds year after year was not enough to merit dismissal of the long-running false claims suit.

  • October 1, 2018

    Fishing Groups' Wind Farm Suit Filed Too Soon, Judge Says

    A D.C. federal court agreed with Statoil Wind US and the Bureau of Ocean Energy Management that a challenge by seafood industry groups and others to a $42.5 million lease awarded to the company for a wind farm off the coast of New York was brought too soon.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Claims Cut Back In Insurers’ Asbestos Pipe Liability Spat

    A Connecticut federal court on Friday granted a quick win to a group of insurance companies in a suit brought by First State Insurance Co. alleging the other insurers failed to pay their fair share to cover a plumbing piping company named in various asbestos suits, finding that the claims were time-barred for some insurers and exceeded policy limits for others.

  • September 28, 2018

    FERC Beats Challenge To Pipeline Eminent Domain Process

    A group of landowners suing the Federal Energy Regulatory Commission went to the wrong place in their attempt to stop two pipeline development companies from taking control of private land along the projects’ routes, a D.C. federal judge said Thursday, finding that the lawsuit should’ve been filed elsewhere.

  • September 28, 2018

    GAO Backs VA Denial Of Construction Bid For Unclear Bond

    The U.S. Department of Veterans Affairs correctly rejected the lowest-priced bidder for a construction project at one of its medical facilities because the company's bond didn't meet the agency's liability requirements, the U.S. Government Accountability Office said in a decision made public Friday.

  • September 28, 2018

    Plumbing Supply Co. Workers Want OK For $1.4M Wage Deal

    A proposed class of 383 current and former workers for a heating and plumbing supply company has urged a California federal judge to greenlight a $1.44 million settlement over claims that the company shorted them on overtime by not including profit-sharing pay in the rate calculation.

  • September 28, 2018

    Giordano Halleran Adds Fox Rothschild Real Estate Atty In NJ

    Giordano Halleran & Ciesla PC has added a former Fox Rothschild LLP attorney as a shareholder in in the four-office firm's real estate practice in Red Bank, New Jersey, where she will draw from her experience serving international clients to focus on the local market.

  • September 27, 2018

    Justices Take Home Depot Appeal Over Class Action Removal

    The U.S. Supreme Court said Thursday that it will weigh in on Home Depot’s fight to keep in North Carolina federal court class action claims originally asserted against the home improvement retailer as counterclaims in a state court collection action initiated by Citibank.

  • September 27, 2018

    Construction Co. In BP Suit Pushes Legal Malpractice Claims

    Two Louisiana attorneys must still face legal malpractice claims because an August order disposing of those allegations did not in fact eliminate all of them, an Arkansas construction company said Wednesday in litigation linked to the BP Deepwater Horizon oil rig disaster.

  • September 27, 2018

    Fla. High Court Nixes Caterpillar Win Over 'Dangerous' Loader

    The Florida Supreme Court on Thursday quashed a lower court’s ruling in favor of Caterpillar Financial Services Corp. in a row over a multi-terrain loader that severed a construction worker's finger, finding that the loader is a danger under state doctrine.

  • September 27, 2018

    Golf Club Sues Zurich Over Hurricane Irma Coverage

    A Florida country club hit by Hurricane Irma sued Zurich American Insurance Co. in federal court on Wednesday, claiming the insurer has paid only $2.8 million of its "eight figure" claim for property damage and business interruption losses stemming from the storm.

  • September 27, 2018

    Construction Co. Gets Army Facility Contract Suit Trimmed

    A construction joint venture dodged a claim Wednesday that it improperly made significant changes to a U.S. Army project subcontract because it had agreed to those changes with an electrical subcontractor after a fire.

  • September 27, 2018

    Carrier Says Fed Law Blocks Bid To Dismantle Rail Facility

    Rail carrier Rock & Rail LLC on Wednesday urged a Colorado federal judge to prevent a group of Colorado businesses and property owners from using local laws to dismantle a $70 million intermodal rail facility, arguing that federal, not state law, governs the facility's operations.

  • September 27, 2018

    Travelers Short $8M After High-Rise Flood Damage, Co. Says

    The owner of several floors in a downtown Chicago high-rise sued the Travelers Indemnity Co. in Illinois federal court on Thursday, claiming the insurer breached its contract when it paid out just $300,000 on a more than $8 million claim for water damage.

  • September 27, 2018

    Turkish Construction Co. Seeks To Confirm $17M Award In DC

    A Turkish construction company asked a D.C. federal court on Wednesday to confirm an arbitration award of approximately $16.6 million, plus interest, against the Kyrgyz Republic and its transportation ministry for delays related to a road rehabilitation project.

Expert Analysis

  • Opinion

    Buying Military Innovation: P3s Are Not The Best Approach

    Daniel Schoeni

    Experts debate the best strategy for the U.S. Department of Defense's technological leap forward. Options include public-private partnerships and open systems architecture. Innovation is best served by the latter, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Making Use Of NYC's Voluntary Inclusionary Housing Program

    Patrick O'Sullivan Jr.

    New York City's Voluntary Inclusionary Housing Program can help create or preserve affordable housing, but it requires careful coordination between an affordable housing owner, the NYC Department of Housing Preservation and Development, the preservation project lender and air rights purchasers, say Patrick O'Sullivan Jr. and Michael Smith of Herrick Feinstein LLP.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Get Your Mass. Brownfields Tax Credits For 5 More Years

    Ned Abelson

    With the finalization of the Massachusetts housing bond bill at the end of last month, the brownfield tax credit is now available for an additional five years to certain taxpayers who clean up qualifying sites. This article, from attorneys at Goulston & Storrs, provides a brief summary of the Massachusetts brownfields tax credit and the requirements to obtain it.