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Construction
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September 25, 2024
Developer Says Minn. City Made Rule To Block Mosque
A developer and its Muslim founders claimed in federal court that Islamophobia motivated Lino Lakes, Minnesota, and several of its lawmakers to approve a moratorium that blocked the construction of a mixed-use development project that featured a mosque.
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September 25, 2024
Transco Backers Urge DC Circ. To Revisit Pipeline Ruling
Natural gas and pipeline entities are firing back at a D.C. Circuit ruling that scrapped Federal Energy Regulatory Commission approvals for a five-state pipeline expansion project being pursued by the Transcontinental Gas Pipe Line Co., with one rival company saying the court's flawed decision sent "shockwaves through the industry."
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September 25, 2024
Insurer Can't Escape Coverage Of $10M NY Infant Injury Suit
A New York federal court ruled Wednesday that an insurer had to face certain claims brought by a general contractor seeking defense coverage for $10 million underlying litigation blaming it for negligently injuring an infant with falling sheetrock while working in his home.
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September 25, 2024
Fed. Claims Court Won't Toss Abandoned Border Fence Suit
The U.S. Court of Federal Claims refused to throw out a suit filed by California property owners who claimed that the federal government owed them compensation after it abandoned a U.S.-Mexico border fence project on the owners' leased properties, leaving behind construction debris and causing environmental damage.
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September 25, 2024
NJ Bill Would Hike Threshold For Tax On Property Transfers
New Jersey would raise the threshold for the imposition of a controlling interest transfer tax or an additional fee on transfers of various kinds of real property under a bill introduced in the state Assembly.
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September 25, 2024
Pittsburgh Council OKs $500K To Settle Bridge Collapse Suits
The city of Pittsburgh approved handing a Pennsylvania state court $500,000 — the city's maximum liability under state law — so it can bow out of lawsuits brought by people injured in the 2022 collapse of the Fern Hollow Bridge.
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September 25, 2024
Cleary-Led Apogee Buys UW Solutions In $240M Cash Deal
Cleary Gottlieb Steen & Hamilton LLP-led Apogee Enterprises Inc. on Wednesday announced plans to buy high-performance coated substrates maker UW Interco LLC from private equity shop Heartwood Partners, both advised by Finn Dixon & Herling LLP, for $240 million in cash.
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September 25, 2024
Watchdog Pans Feds For Sole-Sourcing $5.6M Pavement Deal
The U.S. General Services Administration's internal watchdog faulted the agency for using a preexisting contract to obtain $5.6 million worth of pavement services at border stations along the northern border, saying the work should have been put out for bidding.
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September 24, 2024
Invitation Homes Agrees To $48M Settlement With FTC
The Federal Trade Commission said it has struck a $48 million agreement with Invitation Homes Inc. to settle claims against the nation's largest single-family home landlord, including that it deceived people about leasing costs and junk fees, failed to inspect and repair homes as promised, and unfairly held on to security deposits.
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September 24, 2024
Fired United Rentals Worker Denies Competing In New Job
United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.
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September 24, 2024
Ex-Employee Sues Ga. Boiler Co., Alleging Retaliation
A Black former employee of Combustion and Controls LLC sued the boiler company in Georgia federal court Tuesday, claiming he was treated worse than white co-workers, racially insulted, threatened with violence and ultimately fired after reporting the hostility.
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September 24, 2024
Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild
Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.
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September 24, 2024
Feds, Mill Owner Reach $1.4M Deal In Pollution Cleanup Row
A property development group will pay more than $1.4 million to fund a permanent stewardship as part of an agreement with the state of Washington, the federal government and a slew of tribes to resolve allegations that it released hazardous substances into Port Gamble Bay near Seattle for more than a century.
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September 24, 2024
Insurer Says Telecom Co. Not Covered For Marshall Fire Suits
A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.
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September 24, 2024
Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit
A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.
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September 24, 2024
King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal
Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" minority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.73 billion.
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September 24, 2024
Interior Dept. Awarding $24 Million For Ecosystem Projects
The U.S. Department of the Interior on Monday said it's awarding about $24 million to boost 50 ecosystem restoration projects across 34 states and territories.
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September 23, 2024
Battery Exec Can't Avoid Depo In $2B Plant Fight
Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.
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September 23, 2024
NY Extends Industrial Property Tax Break Application Deadline
New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.
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September 23, 2024
Atlanta Wants Almost-Starbucks Demolition Suit Tossed
The city of Atlanta renewed its efforts Monday to toss a suit from a property owner who says his former restaurant space was illegally condemned, telling a Georgia federal judge that the suit is an attempted end-around of the municipal review process where the spat belongs.
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September 23, 2024
Mich. Township Scores Partial Win In Suit Over Bike Path Law
A Michigan federal judge ruled that Jamestown Charter Township's ordinance allowing authorities to require developers to fund bike path construction is not facially unconstitutional, despite finding the municipality's recent tweaks to the law to be "suspicious."
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
Court Cuts Down Antitrust Suit From Loggers, Landowners
An Oregon federal court has tossed a lawsuit by loggers and landowners that accused Iron Triangle LLC of monopolizing the market for logging services in part of the Pacific Northwest, saying they failed to show the logging and lumber company has monopoly power.
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September 20, 2024
Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss
Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.
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September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar
A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
Expert Analysis
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Contract Disputes Recap: Addressing Dispositive Motions
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Takeaways From Justices' Redemption Insurance Decision
The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.