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Construction
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July 18, 2025
Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits
An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.
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July 18, 2025
Court Finds Mich. Law Applies To CBAs Silent On Sick Time
A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.
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July 18, 2025
Miami Official Loses Appeal To Toss $63.5M Judgment
The Eleventh Circuit has dismissed Miami City Commissioner Joe Carollo's appeal of the $63.5 million judgment against him for targeting a pair of business owners after they supported a political opponent, finding that he prematurely filed the appeal and then failed to amend it.
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July 18, 2025
Snake Spotting Voids OK Of Sprawling Calif. Housing Plan
A federal judge has halted a 314-acre master-planned development in Chico, California, after finding federal officials wrongly concluded in 2020 that the endangered giant garter snake had not been observed on the site despite a sighting of the animal in the area a dozen years prior.
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July 18, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.
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July 17, 2025
Calif. Tribe Renews $700M Casino Suit With Lobbying Claim
A D.C. federal judge will let a California tribe amend its suit against the U.S. Department of the Interior for axing its eligibility to run a proposed $700 million casino on new claims that a competing tribe successfully orchestrated a politically influential lobbying campaign.
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July 17, 2025
Insurer Says No Coverage For $1.7M Apartment Damage
A property insurer for an apartment complex owner told a Washington federal court it owes no coverage for a "wind-driven rain" claim that the owner said totals more than $1.7 million in repair costs, alleging that the owner's prior insurer already denied coverage for the same claim.
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July 17, 2025
Norfolk Southern Blames Quarry For $2.1M Sinkhole Costs
Norfolk Southern has sued the current and former owners of a Philadelphia-area quarry for more than $2.1 million, alleging Wednesday that their decades of mining operations opened up a sinkhole that caused a 2023 train derailment.
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July 17, 2025
NC Justices Urged To Let Property Foreclose In Debt Fight
A company on the cusp of wrapping up the foreclosure sale of a Cornelius, North Carolina, land tract that is planned to be part of a larger mixed-use development has implored the state Supreme Court not to temporarily stay the sale.
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July 17, 2025
Insurer Says Pollution Exclusion Applies To Asbestos Suits
A Berkshire Hathaway unit said it doesn't owe coverage to a paint and drywall product manufacturer in a number of asbestos exposure suits, telling a Texas federal court Thursday that coverage is barred by a pollution exclusion in its umbrella and excess policies.
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July 16, 2025
Odebrecht Investors Score Early Wins In Bribe-Scheme Suit
A New York federal judge on Wednesday granted partial wins to an investment firm and funds that are suing Brazilian engineering conglomerate Odebrecht SA and two subsidiaries over an alleged far-reaching bribery scheme, saying the plaintiffs have established the defendants knowingly made material misrepresentations that were relied upon.
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
NC Justices Urged To Halt Project Tract's Foreclosure Sale
A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.
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July 15, 2025
Door Maker Defends Landmark Divestiture Order At 4th Circ.
Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.
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July 15, 2025
Washington Wall Maker Will Pay $3.3M To Settle FCA Claims
A Washington state company that makes rigid wall shelters agreed to pay $3.3 million to settle allegations over false claims submitted under prime vendor contracts the U.S. Department of Defense used to buy goods and services, according to federal prosecutors.
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July 15, 2025
Denver Defends Affordable Housing Fees, Citing Alternatives
The city of Denver has urged a Colorado federal court to toss a homebuilder's suit challenging the constitutionality of an affordable housing fee for new development, arguing the developer's claims overlook a clause that allows it to construct affordable housing as an alternative.
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July 15, 2025
Sunnova Seeks OK For $7M In Ch. 11 Sale Incentives To Execs
Bankrupt solar panel giant Sunnova has asked a Texas bankruptcy court for permission to pay up to $7 million in cash incentives to its top executives, contingent on securing higher sale proceeds than its stalking horse bids for certain assets.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 14, 2025
Casino Entrepreneur Fights Laos' Award Appeal At 9th Circ.
An entrepreneur who was not party to an arbitration is fighting to toss Laos' bid before the Ninth Circuit to overturn an order refusing to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, saying the appealed ruling isn't a final decision.
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July 14, 2025
Ga. Contractor Denies Harassment Claims In EEOC Lawsuit
A Georgia construction contractor has denied claims from the U.S. Equal Employment Opportunity Commission that a former employee of the company faced years of sexual harassment and groping from its owner and CEO.
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July 14, 2025
Assault Exclusion Bars Drywall Co.'s Murder Coverage Bid
A drywall company's insurer has no duty to cover the business in a pending wrongful death lawsuit over a woman's murder, a Texas federal court ruled Monday, saying that both "common sense" and a "plethora of caselaw" support its finding that an assault and battery exclusion applies.
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July 14, 2025
4th Circ. Says Va. County Isn't Responsible For Damaged Pipe
The Fourth Circuit sided with Virginia's Isle of Wight County on Monday against a takings suit filed by local homeowners who alleged that the county had to pay for a damaged underground stormwater drainage pipe and the erosion it caused to nearby land.
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July 14, 2025
Insurer Seeks $1M Coverage Cap Over 175 Silica Suits
An insurer for a manufacturer of countertops told a New York federal court that only one primary environmental liability policy it issued applies to roughly 175 lawsuits seeking damages for exposure to silica, pointing to "deemer provisions" relating to coverage for "progressive or indivisible" bodily injury.
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July 14, 2025
Judge Sets Hearing In $70M Alaskan Broadband Grant Row
After over a year of battling it out in Alaska federal court, two Native Alaskan villages will have their chance to go before the judge and argue for summary judgment against the U.S. Department of Agriculture in their suit over $70 million in broadband funds.
Expert Analysis
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.