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Construction
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Smith Currie Hires Veteran Construction Atty To Fla. Office
Smith Currie Oles LLP has hired a former Siegfried Rivera construction litigation attorney as partner in the firm's Fort Lauderdale, Florida, office, the firm announced Wednesday.
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March 13, 2025
Pa. Dealership Settles Painter's Garage-Door Death Claim
The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.
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March 13, 2025
NY Bill Seeks Tax Break For Residential Green Infrastructure
New York state would provide a partial property tax abatement for owners of residential properties in New York City who undertake green infrastructure projects as part of a bill introduced in the state Senate.
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March 13, 2025
Builder Says Conn. Hilton Owner Owes $6M For $63M Project
A building contractor is taking the owner of a new Home2 Suites by Hilton hotel in Bristol, Connecticut, to court, claiming that what started as a $13 million project ballooned into a $63.4 million series of redesigns and changes in scope for which the hotel owner still owes $6 million.
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March 12, 2025
Ga. City Faces $35M Suit Over Recycling Plant Flip-Flop
An Atlanta-based concrete recycling business has sued the city of Stonecrest, Georgia, its mayor and city council members in federal court Tuesday for $35 million, alleging political flip-flopping by officials is costing it and a landowner approximately $640,000 per month while its facility sits idle.
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March 12, 2025
Mich. Justices Urged To Break Long Silence On Doc Dumping
An attorney for the estate of a crash victim asked Michigan's highest court to reinstate a lawsuit against a truck driver's employer and sanctions for tossing records in a dumpster, saying the case was an opportunity for the court to break its silence on the issue of destroying evidence.
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March 12, 2025
Arizona Lawmakers Reintroduce $5B Tribal Water Rights Act
A bipartisan group of Arizona federal lawmakers reintroduced a bill to finalize a $5.1 billion water rights settlement for three Indigenous tribes in the Colorado River Basin that, if approved, will resolve one of the Grand Canyon State's longest-running water disputes.
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March 12, 2025
Feds, Ex-Cognizant Execs Ink April Date For FCPA Trial
A New Jersey federal judge set an April 7 trial date for the Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives on Wednesday, firming up a case timeline that's been beset by multiple delays, most recently due to the Trump administration's retreat from enforcing the statute.
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March 12, 2025
Construction Co. Must Face Insurer's $7M Iron Plant Fire Suit
A construction company can't avoid an AIG unit's $7 million subrogation suit over a fire at an iron processing plant, a Texas federal court ruled, saying the insurer sufficiently stated a claim for negligence.
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March 11, 2025
Origin Brass Face Investor Suit Over Factory Delay Disclosure
Executives and directors of sustainable chemical manufacturer Origin Materials have been hit with a shareholder's derivative suit alleging that they concealed a three-year construction delay affecting a production facility the company was building that increased company costs and altered relationships with its customers, including Pepsi.
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March 11, 2025
Trump, Ontario Back Down After Two-Day Trade Flare-Up
President Donald Trump called off additional tariffs on Canadian steel and aluminum Tuesday after the Ontario government dropped a briefly imposed surcharge on electricity exports, the White House told Law360 on Tuesday evening.
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March 11, 2025
Logistics Co. Tells Texas Justices Attys Undercut Rail Deal
An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.
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March 11, 2025
Property Co. Says Insurer Must Pay $10M For Judgment
The insurer for builders of a luxury mixed-use development in Oakland, California, must cover more than $10 million after a judgment was entered against the entities in an underlying suit brought by a property company asserting negligence and trespass claims, according to a complaint removed to federal court Tuesday.
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March 11, 2025
Eric Adams Case Dying Slow Death In 'Sovereign' District
Experts say New York City Mayor Eric Adams' criminal corruption case appears on track to be tossed permanently — a looming development that could signal the end of the fierce independence of the U.S. Attorney's Office for the Southern District of New York.
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March 11, 2025
US Atty, Ex-Cognizant Execs Can Delay FCPA Trial For 30 Days
A federal judge granted an adjournment of up to 30 days in the Foreign Corrupt Practices Act trial of two former Cognizant Technology Solutions Corp. executives to allow the newly anointed U.S. attorney for New Jersey to review the case.
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March 10, 2025
DOT Pulls Biden Enviro Justice Highway Funding Policy
The U.S. Department of Transportation on Monday rescinded Biden-era memorandums that advised state and local agencies receiving funds from 2021's Bipartisan Infrastructure Law to prioritize highway, road, bridge and other projects that promoted social justice or climate resiliency goals.
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March 10, 2025
Ex-Cognizant Execs Support 180-Day Trial Delay In FCPA Case
Two former Cognizant Technology Solutions Corp. executives have told a New Jersey federal judge they agree with prosecutors that their bribery trial should be delayed for 180 days after the Trump administration paused enforcement of the Foreign Corrupt Practices Act.
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March 07, 2025
Real Estate Recap: NAR Suits, Tariff Tactics, Betting On Texas
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at widespread antitrust litigation surrounding the National Association of Realtors broker rules, the role contracts may play in combating a trade war, and the implications for real estate if casinos come to the Lone Star State.
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March 07, 2025
Feds Say California Tribes' Casino Challenge Comes Too Late
The U.S. Department of the Interior and other agencies have asked a D.C. federal judge to deny two tribes' challenge to another tribe's plan to build a casino-hotel complex on 221 acres of trust land, saying their request for a stay is improper and untimely.
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March 07, 2025
Contractor Can't Bury Medical Marijuana Discrimination Suit
A Pennsylvania federal judge on Friday denied a Cleveland construction company's bid to escape a prospective employee's suit alleging that the company violated Pennsylvania's medical cannabis law when it rescinded his job offer, saying there are questions of fact about whether he would have been able to do the job.
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March 07, 2025
DOJ Cites SDNY Prosecutors' Texts In Bid To End Adams Case
President Donald Trump's Justice Department doubled down Friday on its bid to toss the corruption case against New York City Mayor Eric Adams, citing newly released internal correspondence showing "troubling conduct" by Southern District of New York prosecutors the agency criticized as "careerist" and insubordinate.
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March 07, 2025
Aecom Gets $8M Atty Fee Award In Colo. Toll Lanes Dispute
A Colorado federal judge has awarded design firm Aecom nearly $8.3 million in attorney fees for prevailing in a contract fight over a state toll lanes project, but did not award the full amount the company requested because it failed to justify certain costs and separate attorneys' work across different disputes.
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March 07, 2025
Mass. Housing Law Called Unfunded Mandate In Latest Suit
A controversial Massachusetts housing law requiring multifamily zoning near Boston-area transit facilities is facing a new legal challenge after the town of Wrentham argued in a Thursday state court suit that it's an unfunded mandate on localities.
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March 07, 2025
Minn. Bills Seek Sales Tax Break For Home Construction
Construction materials for single-family and multifamily homes for first-time homebuyers would be exempt from some Minnesota sales and use taxes under legislation introduced in the state Senate.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.