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Construction
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March 05, 2025
High Court Allows Release Of Frozen USAID Foreign Aid
The U.S. Supreme Court on Wednesday ruled that a D.C. federal judge can require the Trump administration to release up to $2 billion in frozen foreign aid funding, but told the judge he must clarify the scope of the government's responsibility and ensure it has enough time to comply with any deadline.
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March 04, 2025
US Air Force Base's Faulty Wall Crushed Ga. Teen, Suit Says
The parents of a Georgia teen who was killed in a wall collapse at Robins Air Force Base filed a lawsuit Tuesday alleging that the U.S. Air Force faultily constructed and failed to maintain the concrete structure that toppled over and crushed their child last summer.
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March 04, 2025
Construction Co. Slams Iraq Attys' Appearance In $120M Suit
Archirodon Construction (Overseas) Co. has asked the D.C. Circuit to block a law firm from representing Iraq as the country fights efforts by the company to enforce a $120 million arbitral award in a dispute over a major port project.
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March 04, 2025
Insurer Can't Escape Fla. Condo's Hurricane Damage Dispute
An insurer can't escape a Florida condominium association's suit seeking coverage for property damage caused by a September 2020 hurricane, a New York federal court ruled, saying the association's update of a preexisting elevator replacement bid in light of storm damage was not clearly fraudulent conduct or misrepresentation.
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March 04, 2025
Judge Says Flooring Co. Failed To Justify H-2B Worker Need
A U.S. Department of Labor appeals board judge affirmed the denial of a Florida-based flooring company's application for 10 foreign workers to help with installations, ruling that it failed to establish a temporary employment need or a need for that number of workers.
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March 04, 2025
Puerto Rico Cruise Port Says Insurer Must Cover Pier Damage
A San Juan cruise port operator said its Hartford insurer wrongfully denied coverage for damage to one of its piers after a cruise ship collided with the structure, telling a Puerto Rico federal court Tuesday that exclusions and clauses cited by the carrier were either inapplicable or misinterpreted.
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March 04, 2025
New US Atty Wants 6-Month Pause Of Cognizant Bribery Trial
A federal judge has ordered the parties in a long-running Foreign Corrupt Practices Act case to file their positions Wednesday about how a 180-day adjournment would affect the Speedy Trial Act clock after a newly anointed U.S. attorney for the District of New Jersey asked to delay the trial of two former Cognizant Technology Solutions Corp. executives.
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March 03, 2025
USAID Leader Details Toll On 'Critical' Aid Under Trump
The U.S. Agency for International Development has been "wholly prevented" from delivering "critical" lifesaving services around the world, and that will lead to preventable death, destabilization and threats to national security "on a massive scale," according to memos from an agency leader made public Monday.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
4th Circ. Backs Away From Contractor's Arbitration Fight
The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.
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March 03, 2025
National Gaming Chair Gets Pause In Alaskan Casino Suit
A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Bove Faces Ethics Complaint Over Adams Case
Emil Bove, the Trump administration's controversial second-in-command at the U.S. Department of Justice, has been hit with an ethics complaint for a widely criticized directive ordering prosecutors in the Southern District of New York to drop a corruption case against New York City Mayor Eric Adams.
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March 03, 2025
Ex-Judges Urge Probe Of 'Quid Pro Quo' Claim In Adams Case
A group of more than a dozen retired federal judges has asked to weigh in on the potential dropping of corruption claims against New York City Mayor Eric Adams, filing a proposed amicus brief warning the "integrity of the judicial process" risks being "imperiled" by the improper dismissal of claims.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
2nd Circ. Revives Electrical Worker's Union Pension Fight
An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.
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February 28, 2025
Coverage Claims Trimmed For Faulty Non-GMO Grain Silos
A grain storage company's insurer has no duty to cover some damages a grain seller is seeking over its leaky grain bin claims, an Indiana federal judge ruled, though finding the insurer can't yet avoid covering damages directly related to the allegedly faulty harvest itself and certain lost profits.
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February 28, 2025
Cheyenne Sioux Tribe Says US Must Pay For Building Repairs
A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.
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February 28, 2025
Liberty Says Travelers Must Cover Builder In NYU Injury Suit
Travelers insurers must provide additional insured coverage to a construction company in an underlying personal injury suit by a New York University engineer, a Liberty Mutual unit told a Connecticut federal court, saying a subcontract agreement required the other carriers to cover the company on a primary and noncontributory basis.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
Ga. Developers Accused Of Polluting During Solar Farm Build
A Floyd County, Georgia, couple has accused local developers of polluting streams and a lake on their property during the construction of a solar farm, in violation of the Clear Water Act.
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February 27, 2025
Energy Co. Sued Over Rent, Radioactive Waste Disclosures
A Brooklyn property owner and two companies accused National Grid of owing rent on the site of a former industrial facility and impeding their businesses by not telling them quickly enough that there were radioactive materials there.
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February 27, 2025
Del. Corp. Litigation Bill Already Turning Up In Other Cases
A fast-moving legislative push to curb some stockholder litigation and large class attorney fees in Delaware courts is getting more pushback, two weeks ahead of an initial state Senate hearing on the measure.
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February 27, 2025
Cognizant Execs' Trial Could Test Force Of FCPA Pause
The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Expect From Evolving Wash. Development Plans
The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Understanding 2 Types Of Construction Payment Clauses
Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.