Construction

  • May 13, 2024

    FERC Powers Up Major Rewrite Of Grid Planning Policy

    The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.

  • May 13, 2024

    Texas, Mo. Say Border Contractors Lack Interests To Defend

    Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.

  • May 13, 2024

    Fla. Law Firms Get Settlement Share Dispute Revived

    Two Florida law firms may have another shot at collecting some of the settlement proceeds in a former client's construction dispute after a Florida state appeals court reversed a lower court's dismissal of the firms' claims for improper venue.

  • May 13, 2024

    'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering

    A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.

  • May 13, 2024

    Rail Worker Wage Case Won't Get High Court Review

    The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.

  • May 10, 2024

    Real Estate Authority: Norfolk Southern, Big 4 Earnings, HUD

    Catch up on this week's key real estate developments by state from Law360 Real Estate Authority — including reflections from co-lead plaintiffs counsel in the Norfolk Southern derailment case, Q1 results from the big four brokers, and a synopsis of billions in new grants from the U.S. Department of Housing and Urban Development.

  • May 10, 2024

    $1B LNG Claim Won't Be Paused For $15B Keystone Case

    Canada has lost its bid to suspend a politically sensitive billion-dollar claim over a stymied liquefied natural gas facility in Québec until a critical jurisdictional issue in a parallel $15 billion claim against the U.S. challenging the cancelation of the Keystone XL pipeline is decided.

  • May 10, 2024

    Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told

    The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.

  • May 10, 2024

    Lack Of Specificity Dooms Concrete Co.'s H-2B Worker Bid

    A U.S. Department of Labor appeals board backed a department certifying officer's decision not to let a concrete solutions company temporarily hire foreign workers to supplement its staff, saying the company failed to adequately explain why it needed the workers.

  • May 10, 2024

    Conn. Quarry Wants $1.3M For Attys After $9.5M Trial Win

    A Connecticut quarry that the town of East Haven was found to have shut down for political reasons should receive just under $1.3 million for its attorney fees after winning a constitutional challenge in federal court, the company said in a Friday filing.

  • May 09, 2024

    3 Engineering Firms Sued Over Pittsburgh Bridge Collapse

    Three engineering firms share responsibility with the city of Pittsburgh for the collapse of the Fern Hollow Bridge in 2022, a new lawsuit alleges, claiming the engineers failed to flag how dangerous and deteriorated the bridge was for years before it fell.

  • May 09, 2024

    Solar Co. Wins Remand Of Feds' 'Contrary To Law' Duties

    The U.S. Court of International Trade has published opposing outcomes for two Chinese solar cell producers penalized in a recent duty review, affirming duties topping 238% for one and directing the government to reconsider a 12.24% rate for the other.

  • May 09, 2024

    4th Circ. Chides Insurer For Bid To Escape $5.8M Payout

    A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.

  • May 09, 2024

    GE Dropped From Louisiana Factory Contamination Suit

    A Louisiana federal judge has dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.

  • May 08, 2024

    Wash. Families Fight Monsanto's Bid To Split Up PCB Trial

    Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.

  • May 08, 2024

    Black & Decker's Stud Finder Patent Win Gets Fed. Circ. OK

    The Federal Circuit on Wednesday upheld a decision clearing Stanley Black & Decker Inc. in a stud finder patent suit by rival Zircon Corp., backing the U.S. International Trade Commission's finding that Zircon didn't show it has a domestic industry of products protected by the patents.

  • May 08, 2024

    6th Circ. Questions FERC's Moves On Ohio Utility Grid Perk

    A Sixth Circuit panel on Wednesday questioned the role of a rate perk given to transmission companies for choosing to join a regional transmission organization as it weighed the Federal Energy Regulatory Commission's decision to yank the incentive for several Ohio utilities while preserving it for others.

  • May 08, 2024

    Vietnam's Labor Issues Mar Bid For Market Economy Status

    Representatives from U.S. industry, organized labor, and human rights advocacy urged the U.S. Department of Commerce to reject Vietnam's bid for market economy status Wednesday, denouncing its track record on labor rights.

  • May 08, 2024

    NAFTA Tribunal Orders US To Redo Duties On Canadian Wood

    A panel assembled under the North American Free Trade Agreement ordered the U.S. to redo countervailing duties on Canadian softwood lumber, rejecting the U.S.' conclusion that Canadian lumber companies hadn't fairly paid Ottawa to harvest lumber on government property.

  • May 08, 2024

    Water-Damaged Conn. Hotel Sues Insurer For More Coverage

    A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.

  • May 08, 2024

    GOP Bill Aims To Fund Southwestern States' Border Barriers

    States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.

  • May 08, 2024

    SEC Fines Real Estate Developer Over Unregistered Offering

    A real estate development company and its owner will pay $250,000 to settle the U.S. Securities and Exchange Commission's claims they sold investors $1.4 million in promissory notes in an unregistered offering.

  • May 08, 2024

    Taliban's Unexpected Takeover Dooms Contractor's $1.5M Suit

    An administrative appeals board refused to order the U.S. Army Corps of Engineers to reimburse a contractor for $1.5 million of equipment lost while evacuating Afghanistan, saying it couldn't have anticipated in 2019 a Taliban takeover just over two years later.

  • May 08, 2024

    No Reimbursement For $5.5M Crash Settlement, Insurer Says

    A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.

  • May 08, 2024

    Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit

    A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.

Expert Analysis

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Energy Community Tax Credit Boost Will Benefit Wind Sector

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    Recent Internal Revenue Service guidance broadening tax credit eligibility to more parts of offshore wind facilities in so-called energy communities is a win for the industry, which stands to see more projects qualify for a particularly valuable bonus in the investment tax credit context due to the capital-intensive nature of offshore wind projects, say attorneys at Troutman Pepper.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Beware OSHA's Aggressive Stance Toward Safety Violations

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    The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

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