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Construction
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October 27, 2025
Developer Says Calif. Law Targets Its Santa Barbara Project
The developer behind a housing project in Santa Barbara, California, sued the city and state in federal court, claiming a new state law is unconstitutional because it unfairly singles out its development for additional review under the California Environmental Quality Act.
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October 27, 2025
Pittsburgh Urges Toss Of Inclusionary Zoning Law Challenge
The city of Pittsburgh argued Monday that a developer group can't retroactively add a member's project-specific subsidiary to a lawsuit just to shore up the group's standing to challenge the city's "inclusionary zoning" mandate for certain neighborhoods.
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October 27, 2025
Fed. Circ. Backs PTAB Wiping Out Roof Report Patent
The Federal Circuit on Monday said it won't revive a patent covering a system for identifying attributes in a roof by using aerial imagery, backing the Patent Trial and Appeal Board's opinion that all of the claims were invalid as obvious.
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October 27, 2025
Miss. OKs Transfer Of Rural Development Funding
A broadband service provider has informed the Federal Communications Commission that it has the green light from Mississippi officials to take over another company's federal funding for network deployment in the Magnolia State.
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October 24, 2025
Real Estate Recap: Blackstone, Healthcare, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Blackstone's view of real estate options for 401(k) investors, a BigLaw partner's perspective on healthcare dealmaking, and the heavy construction debt amassed by Arkansas banks.
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October 24, 2025
NJ Panel Tosses Sprawling Legal Malpractice, Fraud Suit
A New Jersey state appellate court has backed the permanent dismissal of a developer's legal malpractice and fraud suit against Cooper Levenson April Niedelman & Wagenheim PA and other parties, ruling that the state's entire controversy doctrine, which requires litigants to put all their relevant allegations in a single suit, bars his claims.
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October 24, 2025
Builder Awarded $1.4M In Subcontractor, Surety Breach Suit
A Florida state court awarded the general contractor for a luxury high-rise condominium in St. Petersburg nearly $1.4 million in damages after finding that a framing and drywall subcontractor and its payment and performance bond surety breached their respective contracts.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Taxation With Representation: Latham, Wachtell, Gibson Dunn
In this week's Taxation With Representation, Meta announces a joint venture with Blue Owl Capital to fund the development of a data center campus in Louisiana, private equity giants acquire medical technology company Hologic Inc., and National Fuel Gas Co. buys CenterPoint Energy Inc.'s Ohio natural gas utility business.
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October 24, 2025
Judge Tells Feds To 'Fish Or Cut Bait' On 'Buffalo Billion' Case
A Manhattan federal judge said Friday it's time for prosecutors to either make a deal with four men whose 2018 bid-rigging convictions from an upstate New York development initiative were overturned by the U.S. Supreme Court, or schedule a 2026 retrial.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Judge Stays Discovery In Berkshire Subsidiary Antitrust Case
A federal judge on Thursday opted to stay the majority of discovery in a proposed antitrust class action against a Berkshire Hathaway-owned maker of calcium silicate insulation, or calsil, finding the cost of discovery in the case would be too "voluminous" to sort through with a pending motion for dismissal.
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October 23, 2025
Ga. Civil Engineering Co. Hit With Data Breach Class Action
A Georgia civil engineering firm was hit with a proposed class action over a 2024 data breach, as a former employee sharply criticized the company for taking weeks to resolve the hack and over nine months to report it.
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October 23, 2025
Electric Co. Says Contractor Owes $5M For Denver Airport Job
An electric infrastructure company accused a contractor in Colorado state court Wednesday of withholding over $5 million in payments for work completed in an expansion project at the Denver International Airport.
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October 23, 2025
NJ Appellate Panel Revives Malpractice Suit Against Firm
A New Jersey appellate panel on Thursday revived a former Woodbridge Township police officer's malpractice suit against an Edison-based law firm and one of its partners, alleging incompetent representation in a personal injury case.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Del. Justices Won't Reconsider Gellert Seitz Malpractice Ruling
The Delaware Supreme Court on Oct. 23 rejected a request to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages a homebuilder said it suffered due to the firm's negligence handling loan-restructuring disputes, saying the request is "without merit."
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October 22, 2025
Texas Appeals Court Wipes $64M Judgment For Dallas Lender
A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.
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October 22, 2025
3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit
The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.
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October 22, 2025
Sinkhole Coverage Dispute Up To Jury To Decide, Judge Says
A construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled.
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October 22, 2025
NY Bill Seeks Clean Energy Payment Exemption For Tax Caps
New York would exempt payments in lieu of taxes for renewable energy projects from local governments' property tax cap calculations under a bill introduced in the state Assembly.
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October 22, 2025
Ex-Conn. School Buildings Official Convicted Of Corruption
A federal jury on Wednesday convicted Connecticut's former school construction director on corruption charges, agreeing with prosecutors that Konstantinos "Kosta" Diamantis accepted bribes, committed extortion and lied to both the FBI and the IRS about payments he admitted accepting from two construction firms.
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October 21, 2025
Angola Faces $171M Claim Over Alleged Turbine Seizure
The Portuguese founder of Aenergy SA is seeking up to $171 million in damages after Angola allegedly seized four turbines associated with $1.1 billion in power plant contracts, an ill-fated deal that led to a fraud conviction in New York and jail time for a former GE Power executive.
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October 21, 2025
Tribe's Home Defects Suit Belongs In Arbitration, Judge Told
Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court.
Expert Analysis
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.