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Construction
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May 26, 2023
Flint Still Violating Water Pipe Deal, Groups Say
Activists asked a Michigan federal judge Friday to hold the city of Flint in contempt for again failing to comply with the settlement it reached to replace lead service lines, accusing Flint of failing to meet restoration reporting requirements and missing another deadline to determine which properties still need restoration.
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May 26, 2023
Judge Dismisses All Claims In $24M Mich. Asbestos Row
A Michigan federal judge has ended a messy dispute between demolition and remediation companies, a power plant owner and an insurer over almost $24 million in allegedly unpaid costs for removing asbestos and other hazardous materials from a decommissioned power plant.
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May 26, 2023
Flooring Co. Inks $7.5M Deal In Investor Suit Over SEC Probe
Investors in carpet tile maker Interface Inc. have asked a Brooklyn federal judge to give an initial nod to a proposed $7.5 million deal to end claims the company improperly calculated its earnings per share, hurting shareholders after the U.S. Securities and Exchange Commission fined the company $5 million over the inaccurate accounting.
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May 26, 2023
Roofing Co. Denied Early Win In Warehouse Damage Suit
A warehouse owner may not have breached its contract with a roofing company by not purchasing an "all-risk" builder's insurance policy, a Texas federal judge ruled, finding that the contract between the owner and roofer only required insurance that covered unspecified "work."
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May 26, 2023
DC Circ. Orders More Analysis Of $6B Gas Pipeline Impacts
A D.C. Circuit panel on Friday ordered the Federal Energy Regulatory Commission to reconsider whether it needs to conduct further environmental impact analysis on a hotly contested $6 billion Appalachian pipeline based on evidence that the project's construction has led to more erosion and sedimentation than originally anticipated.
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May 26, 2023
Roofer Owes $4.7M For Poultry Farm Damage, Insurer Says
A Massachusetts insurer claims a roof and floor truss manufacturing company is responsible for $4.7 million worth of damage at Tyson Foods poultry farms in Arkansas for supplying wood for roofing that the insurers say was unreasonably dangerous.
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May 26, 2023
Mass. Judge Won't Halt Wind Farm Construction For Fishing
A Massachusetts federal judge refused to pause the construction of an 800-megawatt wind farm off the coast of Martha's Vineyard, finding fishing groups' claims that the measure is needed to avoid irreparable harm were belied by their monthslong wait before seeking relief.
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May 26, 2023
Board Finds Navy Waived Construction Deadline With Silence
The Armed Services Board of Contract Appeals rejected the U.S. Navy's claim that it properly ended a construction contract following numerous delays, saying the service branch allowed the contractor to "muddle through" for months after the work was due.
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May 26, 2023
Judge Says Alaska Needs BLM Say-So For Mining Road Work
The Alaska state agency developing a 211-mile mining access road across the state's northern wilderness has to get federal permission before starting any pre-construction groundwork for the project on federal, state or tribal land, a Last Frontier federal judge has clarified.
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May 26, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the U.K.'s former health secretary Matt Hancock sued for libel by a Reclaim Party MP, a London housing developer build a claim against law firm Eversheds Sutherland, and F1 team McLaren start its engines in legal proceedings against its Swedish sponsor. Here, Law360 looks at these and other new claims in the U.K.
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May 26, 2023
2 Firms Rep As Cummins Spinoff Atmus Prices $275M IPO
Cummins Inc.'s engine filtration spin-off Atmus began trading Friday after pricing a $275 million initial public offering, represented by Baker & McKenzie LLP and underwriters' counsel Simpson Thacher & Bartlett LLP.
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May 25, 2023
Carpenters Hope 9th Circ. Can Revive Retirement Plans Suit
Carpenters are turning to the Ninth Circuit in hopes of reviving a proposed class action accusing their union of throwing workers' retirement savings into risky investments that lost over $250 million during the 2020 market downturn.
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May 25, 2023
Jamul Descendants Want Cemetery Suit Back In Calif. Court
Descendants of the Jamul Indian Village, who continue to fight the California tribe over its plans to attach a 226-room hotel to its casino, say their recent lawsuit against the Roman Catholic Church must be sent back to state court because it involves no question of federal law.
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May 25, 2023
Wetlands Ruling Ushers In Era Of Clarity — And Uncertainty
It's not clear exactly how many acres of wetlands will lose protection under the Clean Water Act following the U.S. Supreme Court's landmark ruling Thursday, but it is certain that the new limits on the law's enforcement will make it much easier in many cases for landowners and project developers to fill in those areas without needing a permit.
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May 25, 2023
Enbridge Allies Can't Add Old Econ Evidence In Pipeline Row
Oil and gas companies and industry groups siding with Enbridge Inc. can't submit declarations about the potential economic impact of a pipeline shutdown unless they're saying something that wasn't already offered by past experts in a fight over whether the energy giant must move its Line 5 pipeline off a reservation in northern Wisconsin, a federal judge ruled.
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May 25, 2023
Judge Says 'Unclean Hands' Ease 'Made In America' Loss
A New Jersey federal court narrowed the amount of damages a caulk company could win after proving a rival falsely marketed its products as American, saying the business had also engaged in that same misconduct.
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May 25, 2023
Flooring Exec Gets Probation For Bid-Rigging Involvement
The last of three commercial flooring executives who have admitted to engaging in an anticompetitive bid-rigging scheme was sentenced to three years of probation Thursday in Illinois federal court.
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May 25, 2023
Insurer Blames Maintenance Co. For Ice Rink's Demise
An insurer blamed an ice rink maintenance company in Illinois federal court for the destruction of a rink it insured in Ann Arbor, Michigan, and causing the insurer to pay over $600,000 for the damage.
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May 25, 2023
Army Corps Took 'Great Pains' To Not Contract Co., Suit Says
A Louisiana diving and underwater construction company has accused the U.S. Army Corps of Engineers of going to "great pains" to avoid awarding it a diving contract, including allegedly lowering the deal's requirements for otherwise unacceptable bids.
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May 25, 2023
FHWA Must Face Enviro Challenge To 280-Mile Ariz. Highway
A federal highway agency has to face claims that it improperly avoided considering the environmental impact of a planned 280-mile Arizona highway on national parks and other public lands before approving the corridor, a U.S. district court judge has ruled.
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May 25, 2023
Painter's Estate Pins Death On Auto Dealer, Garage Door Co.
The estate of a painter fatally crushed by a malfunctioning garage door has sued the door installer and the auto dealership where it was installed, according to a complaint filed in Pennsylvania state court.
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May 25, 2023
Furniture Co. Challenges Duties On Chinese Wooden Bed Sets
A California-based luxury furniture company hauled the federal government into the U.S. Court of International Trade on Thursday seeking a ruling that its upholstered furniture fell outside the scope of an antidumping duty, or ADD, order on wooden bedroom furniture from China.
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May 25, 2023
Investors Say Texas Apartment Developer Misused $12.4M
A group of 123 investors told a Texas court this week that a multifamily housing developer deceived them by spending the $12.4 million they paid for an apartment complex in Houston on an unrelated deal that later collapsed, and now "nothing is left" of their investment.
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May 25, 2023
NJ Firm Keeps Victory In Retainer Fee Billing Challenge
The New Jersey state appeals court has backed Arbus Maybruch & Goode LLC's win in an ex-client's suit alleging it failed to disclose the incremental billing structure of its retainer fee, reasoning in a published decision that the firm's bimonthly invoices showed the terms were spelled out.
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May 25, 2023
Real Estate Rumors: Walter Schick, Robert Bonavito, Block
New York landlord Walter Schick has reportedly leased out nearly 8,000 square feet in Manhattan, Robert Bonavito is said to have paid $10.6 million for a Florida estate and a Block Capital Group venture is said to have landed $91 million in financing for a Miami mixed-use project.
Expert Analysis
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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How Fla. Tort Reform Will Shift Construction Defect Suits
Recent modifications to Florida's private statutory action rules for building code violations and to the statute of limitations and repose for defect claims significantly clarify ambiguity that had existed under previous rules, and both claimants and defendants should consider new legal arguments that may become possible, say Ryan Soohoo and George Truitt at Cole Scott.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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G7 Russia Restrictions May Further Complicate Compliance
New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.
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Assessing The Reach Of 9th Circuit's Natural Gas Ruling
The Ninth Circuit's recent decision in California Restaurant Association v. Berkeley, affirming that the Energy Policy and Conservation Act preempts certain state and local natural gas bans, may chill other efforts to limit usage of natural gas and raises important questions for utility companies, natural gas consumers and policymakers to consider, say attorneys at Greenberg Traurig.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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4th Circ. Ruling Reveals 2 Layoff Pitfalls To Avoid
The Fourth Circuit's recent decision in Messer v. Bristol Compressors serves as a reminder that employers have a continuing obligation to keep employees informed about mass layoffs, and that employees do not need to show prejudice to succeed on Worker Adjustment and Retraining Notification Act claims, say Kevin White and Steven DiBeneditto at Hunton.
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Justices Curb Fraud Theories, But That May Not Deter Feds
The U.S. Supreme Court’s opinions last week in Ciminelli v. U.S. and Percoco v. U.S. are the latest in a line of rulings aiming to limit the wire fraud statute’s application to state public corruption cases, but federal prosecutors will probably continue pursuing such cases using different charging language and other laws, says Alison Anderson at Boies Schiller.
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Good Faith Buyer Lessons From 5th Circ. Bankruptcy Ruling
The Fifth Circuit’s recent ruling in Palm Springs II, affirming the sale of property to a senior lender, is notable for its guidance on Section 363(m), including the ability of a senior lender to remain a good faith purchaser despite squeezing out a junior lender, says Shane Ramsey at Nelson Mullins.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Opinion
Radical Reform Is Needed So Small Biz Can Better Assist DOD
A recent U.S. Senate subcommittee hearing was a good first step in identifying national security implications of barriers to entry for small businesses selling to the U.S. Department of Defense, but the DOD and Congress must keep up momentum to prevent small business participation from declining further, says Jessica Lehman at Verizon.