Construction

  • September 18, 2019

    British Columbia Ordered To Reconsider Pipeline Approvals

    The British Columbia Court of Appeal on Tuesday ordered the province to reconsider environmental approval for the expansion of the Trans Mountain oil pipeline, finding that another court has since ruled that a Canadian National Energy Board report used in that approval was flawed.

  • September 18, 2019

    Tyson & Mendes Taps Gordon & Rees Vet To Head NY Office

    Tyson & Mendes LLP has hired a veteran Gordon & Rees LLP litigator with experience leading attorneys through professional liability troubles and guiding businesses through cybersecurity breach suits to serve as the managing partner of its soon-to-open New York office.

  • September 18, 2019

    NC Utility Asks High Court To Hear If Pipeline Plea Is Valid

    The North Carolina Utilities Commission told the U.S. Supreme Court on Tuesday that it should hear its petition and grant it a "seat at the table" in its fight over federally approved pipelines or risk impeding the state’s right to regulate interstate pipelines that will operate within its borders.

  • September 18, 2019

    Army Owes $48M For Security Transit Delays, Fed. Circ. Told

    Kellogg Brown & Root Services Inc. is urging the Federal Circuit to reverse an appeals board’s decision that the Army doesn’t owe the company $48 million in reimbursements for delaying security transportation for builders on a military housing project in Iraq.

  • September 18, 2019

    River Authority Immune From Arbitration, Texas Justices Told

    The San Antonio River Authority is a governmental entity and cannot be ordered into binding arbitration in a dispute over a $10 million dam project because lawmakers have granted it immunity, it told the Texas Supreme Court during oral arguments Wednesday.

  • September 18, 2019

    Army Corps Says It Doesn't Owe ND For DAPL Protests

    The U.S. Army Corps of Engineers urged a federal judge to throw out North Dakota's suit seeking $38 million for the agency's alleged failure to control protests against the Dakota Access Pipeline, saying it had to weigh its relationships with tribes and other delicate policy issues in handling the protests.

  • September 18, 2019

    Real Estate Rumors: SAG Realty, Wells Fargo, Trammell Crow

    SAG Realty has reportedly sold a Miami car dealership for $6.4 million, Wells Fargo is said to have provided $403 million in CMBS financing for an Arizona hotel, and developer Trammell Crow is reportedly seeking to build a 16-story office and retail building in Chicago.

  • September 18, 2019

    3rd Circ. Backs CSX Win In Pa. Mall Stormwater Damage Suit

    The Third Circuit on Wednesday rejected a suburban Philadelphia shopping mall's bid to hold CSX Transportation Inc. liable for flood damage to its property, saying the mall couldn't prove the freight railroad negligently reconstructed or maintained its rail bed.

  • September 18, 2019

    Travelers Hit With Class Action Alleging Hidden Depreciation

    A South Carolina homeowner filed a proposed class action Tuesday against two Travelers units over the insurer's practice of depreciating labor costs when calculating payments for property damage claims without providing policyholders paperwork authorizing the practice.

  • September 18, 2019

    Philly Contractor Dinged For Anti-Discrimination Violations

    New Jersey-based Pirozzi General Contracting has been barred from working with the city of Philadelphia for three years and must forfeit the remaining contract balance after a joint investigation between the city's controller and inspector general determined the contractor flouted Philadelphia's anti-discrimination rules, city officials said Wednesday.

  • September 17, 2019

    JLL Secures Financing For $44M Utah Development

    JLL said Tuesday it arranged construction financing for a $44 million, 214-unit multi-housing property in the Salt Lake community of American Fork, Utah, but the real estate and investment manager declined to disclose the financing amount.

  • September 17, 2019

    Out-Of-State Developer Insists Texas Grid Project Law Invalid

    Texas can't argue away the fact that legislation which dictates only incumbent transmission companies can build new power lines that connect to their existing systems is an unlawful protectionist scheme, an out-of-state transmission developer told a federal judge Monday.

  • September 17, 2019

    DOD Runs Out Of Funds For 3 Border Wall Projects

    The U.S. Department of Defense won’t proceed with 20 miles of barriers along the southern border after running out of money for the project, it told a Washington, D.C., federal court Monday as part of several disputes over the use of military funds for the contentious border wall.

  • September 17, 2019

    NC Slams FERC’s Enviro Analysis Of $468M Gas Pipeline

    North Carolina regulators told the Federal Energy Regulatory Commission on Monday that a planned $468 million extension of the Mountain Valley natural gas pipeline ignored clean-energy alternatives for the project and sidestepped key climate change questions.

  • September 17, 2019

    Destroyed-Mural Suit Can Proceed, But Artist Needs Contracts

    A Pittsburgh mural artist can proceed with his claims that several of his projects destroyed by redevelopment were works of art protected by federal law, but he needs to come up with copies of his contracts if he wants to pursue contract-breach claims against various developers and landlords, a Pennsylvania federal judge ruled Monday.

  • September 17, 2019

    Liberty Mutual Can’t Use Pa. Law To Shake Construction Suit

    A Liberty Mutual unit must face a coverage suit brought by a Pennsylvania-based contractor over a damaged project at a gas processing site, a federal judge has ruled, saying the contractor brought enough facts to state a claim for relief under West Virginia law.

  • September 16, 2019

    Creditors Hammer NJ Construction Co. On First Day Of Ch. 11

    Companies tied to Hollister Construction Services LLC projects urged a New Jersey bankruptcy judge Monday to safeguard money they're owed as the company's Chapter 11 case proceeds, arguing during a first-day hearing that their funds should not be fair game for senior secured creditor PNC Bank's potential recoveries.

  • September 16, 2019

    Chemical Co. Wins $5.7M Verdict For Construction Defects

    Georgia engineering firm Weatherly Inc. should pay $5.75 million to cover the cost of fixing an ammonium nitrate plant's faulty piping and cracked foundations that resulted from Weatherly's flawed designs, a federal jury ruled Monday.

  • September 16, 2019

    Pa. Justices Told Insurer Can Withhold Homeowner Payments

    A Farmers Insurance division told the Supreme Court of Pennsylvania Monday that its insurance contracts allow it to withhold payments for general contractors until after a homeowner actually incurs repair costs, despite two class action lawsuits claiming that the court’s precedent says otherwise.

  • September 16, 2019

    DC Circ. Asks If 4th Circ. Ruling Kills $7B Pipeline Fight

    The D.C. Circuit has said it wants to know why it should still consider challenges to the Federal Energy Regulatory Commission's approval of the $7 billion Atlantic Coast gas pipeline now that the Fourth Circuit has invalidated the U.S. Forest Service's authorization for the controversial project.

  • September 16, 2019

    Real Estate Lawyers On The Move

    Blank Rome, Proskauer Rose, Stoel Rives, Seyfarth Shaw and Allen Matkins are among various law firms that have made recent real estate hires.

  • September 16, 2019

    Calif., NM Urge 9th Circ. To Block Border Wall Funding

    California and New Mexico on Friday urged the Ninth Circuit to reverse a district court’s denial of an injunction that would halt two border wall construction projects, arguing that the federal government is encroaching on the states’ sovereignty and environmental rights.

  • September 16, 2019

    Real Estate Rumors: Barings, Related Group, Knotel

    Barings is said to have loaned $140 million for a hotel and plaza across the street from Wrigley Field, Florida developer Related Group has reportedly dropped $8.8 million on a pair of Miami lots, and Knotel is said to be leasing 27,196 square feet in Manhattan.

  • September 16, 2019

    Chubb Unit Gets Discovery In Chocolatier's Sandy Case

    A federal judge on Monday denied a New York City chocolatier's bid to stay discovery and bifurcate its fight with a Chubb Ltd. insurer over $49 million for property damage and business interruption caused by Superstorm Sandy.

  • September 16, 2019

    US Says World Bank Unit Can't Be Sued Over India Coal Plant

    The United States has told a D.C. federal court that the Foreign Sovereign Immunities Act blocks a lawsuit by fishermen and other locals in India who accuse a World Bank Group unit of helping to finance an allegedly environmentally disastrous coal power plant nearby.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Legal Options For Pipeline Companies Stymied By Tree-Sitters

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    While a Virginia federal judge recently rejected efforts by Mountain Valley Pipeline to join two unnamed tree-sitters as defendants in a Natural Gas Act eminent domain action, the court's opinion points toward other remedies available to pipeline companies facing tree-sitter obstruction, says Arthur Schmalz of Hunton.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • NLRB Union Election Proposal Addresses 3 Limited Issues

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    Although the National Labor Relations Board’s proposed rules addressing employee representation are restricted to blocking charges, notice periods and conversion evidence, in the short term, increased pressure for voluntary union recognition is anticipated, say attorneys at Baker McKenzie.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Limiting Contract Breach Liability For Construction Cos.

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    The Sixth Circuit's recent decision in Maxum v. Robbins serves as a stark reminder to construction companies that a typical liability insurance policy may not cover a breach of contract claim, and that additional steps must be taken to protect against these claims, say Greg Boucher and Joel Hopkins of Saul Ewing.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • ESA Rule Changes Less Drastic Than Critics Claim

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    While environmentalists say that revised Endangered Species Act implementing regulations recently published by the U.S. Fish and Wildlife Service and National Marine Fisheries Service will gut the law, many of the updates are consistent with the services’ long-standing policies and practices, say Rebecca Barho and Brooke Wahlberg of Nossaman.

  • What To Know About The Senate's New Highway Bill

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    The Senate Environment and Public Works Committee recently approved the America’s Transportation Infrastructure Act of 2019, which would not only be the largest highway bill in history, but could also serve as a potential vehicle for broader action on other infrastructure initiatives, say attorneys and advisers at K&L Gates.