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Construction
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May 08, 2025
Power Cos. Fight New Deadline In Pole Attachment Regs
Power companies are pushing back against a telecom industry proposal that would give utility pole owners just 30 days to approve third-party contractors for "make-ready" work in preparation for communications attachments, telling the government that the proposal would effectively strip utilities of their agency in contracting work on their poles.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 08, 2025
Pierson Ferdinand Hires Commercial Litigation Partner In NY
Pierson Ferdinand LLP has added a former McElroy Deutsch Mulvaney & Carpenter LLP attorney as a New York-based partner in its commercial litigation practice, the firm said Thursday.
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May 07, 2025
Ga. Landowner Says Exempt Farm Activities Doom CWA Suit
Georgia property owners have accused neighbors of polluting streams and lakes on their land while prepping to build a solar farm, but the neighbors this week told a federal judge their actions were for agricultural purposes, which should exempt them from any Clean Water Act claims.
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May 07, 2025
Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case
Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
Venable Adds Construction Pro As Partner In Chicago
Venable LLP hired veteran construction attorney Charles "Cully" H. Wahtola III as a partner for the firm's construction law group in its Chicago office, the firm announced.
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May 07, 2025
Ex-Panama Prez Can't Challenge Extradition, 11th Circ. Says
The Eleventh Circuit on Wednesday rejected former Panamanian President Ricardo Martinelli's challenge to his extradition to and prosecution in his home country, ruling that he lacked standing to challenge U.S. officials' supposed role in criminal charges that went beyond those for which he was originally removed from the country.
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May 07, 2025
No Quick Win For Insurer In Hail Damage Dispute
A Georgia federal court on Wednesday rejected an insurer's pretrial bid to avoid covering a homeowners association's hail damage claims, finding there are "plainly genuine disputes of material fact as to whether hail damage occurred to the roofs of the property during the policy period."
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May 07, 2025
NY Eyes Injunction Against Feds In Congestion Price Fight
New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.
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May 07, 2025
Conn. Town, State End Feud Over Affordable Housing Credits
The Connecticut town of New Canaan has agreed to drop its suit against the state's Department of Housing, which was accused in state court of wrongfully rejecting the town's bid for affordable housing credits and a development moratorium.
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May 06, 2025
Colo. Judge Wary Pausing Dam Construction Can't Be Done
A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.
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May 06, 2025
Quarles & Brady Adds New IP, Real Estate Partners
Quarles & Brady LLP has welcomed a Milwaukee-based intellectual property litigator from Quinn Emanuel Urquhart & Sullivan LLP and a Phoenix-based real estate and public finance attorney from Ice Miller LLP.
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May 06, 2025
Biz Owner Says $5M Panama Award Suit Should Be Paused
A Miami businessman and his company asked a Florida federal court on Monday to pause Panama's bid to enforce a $4.8 million arbitral award over construction agreements, arguing that it should wait until a parallel arbitration concludes.
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May 06, 2025
DR Horton Sued In Del. Over Property Deal Conflict Claims
Stockholders of residential land developer Forestar Group Inc. sued national homebuilding giant and Forestar controller D.R. Horton derivatively late Monday for hundreds of millions in potential damages tied to billions' worth of allegedly conflicted, below-market sales to Horton of Forestar-prepared lots.
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May 06, 2025
Newark Raises Safety Concerns About ICE Detention Center
The city of Newark told a New Jersey federal judge that the GEO Group has started housing immigration detainees at Delaney Hall, even though the city's building department found numerous safety concerns after conducting an initial visual inspection last month.
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May 06, 2025
Pa. Panel Wonders If Mall's Condemnation Appeal Is Moot
The owners of a defunct and half-demolished shopping mall in the Pittsburgh suburbs say the surrounding borough didn't give them enough information to contest the order condemning their property, but judges of a Pennsylvania appellate court questioned Tuesday if the demolition made the issue moot.
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May 05, 2025
Jeld-Wen Tells 4th Circ. No More Need For Factory Sale
Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.
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May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project
A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
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May 05, 2025
Insurer Knowingly Skimped On Storm Probe, Texas Court Told
A Houston-area developer's insurer deliberately refrained from a proper investigation after a May 2024 storm and thus came up short on covering losses, the developer told a Texas federal court Monday.
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Contractors Settle Mass. AG's YMCA Asbestos Claims
The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Updated FWS Regs Will Streamline Right-Of-Way Permitting
Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.