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Construction
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March 05, 2024
Court Has No Cause To Deny Casino Land Request, Tribe Says
A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.
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March 05, 2024
DC Circ. Leery Of Challenges To Nuke Waste Storage Site
A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Mich. Appeals Court Speeds Up Ford Battery Factory Dispute
A Michigan appeals judge agreed Tuesday to fast-track a case brought by opponents of a planned $3.5 billion Ford battery plant who want to put a ballot question to voters in the next election.
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March 05, 2024
Pa. Justices Ask If Pipeline Fight Is Preempted 'Civil Action'
The Pennsylvania Supreme Court on Tuesday pondered whether the federal National Gas Act empowers the state to review permits for a pipeline project, or bars it from doing so, a question that hinges on whether appeals to a state board are preempted civil actions or administrative proceedings that would fall under the state's purview.
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March 05, 2024
FERC LNG Approvals Flout Court's Orders, DC Circ. Told
Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.
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March 05, 2024
Wind Farm Challengers Meet Resistance At 1st Circ.
A First Circuit panel on Tuesday appeared unlikely to undo the government's approval of a 62-turbine wind farm off the coasts of Martha's Vineyard and Nantucket, questioning the effort of opponents to get the court to consider data on right whales that it did not present to agencies during the review process.
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March 05, 2024
Treasury Finalizes Direct Pay Rules For Energy Tax Credits
The U.S. Department of the Treasury on Tuesday finalized regulations governing direct payments of several clean energy tax credits provided by the Inflation Reduction Act but said it was still mulling how to address so-called chaining of payments and co-ownership arrangements.
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March 04, 2024
Ex-Philly Union 'Gofer' Gets Probation For Embezzlement
A former International Brotherhood of Electrical Workers employee who admitted to shopping with union funds while serving as a "gofer" for convicted ex-business manager John Dougherty was sentenced to three years of probation on Monday in Pennsylvania federal court.
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March 04, 2024
Insurer Secures Win In $3.7M Pool Damage Row
A construction company's insurer does not have to cover a $3.7 million judgment awarded to homeowners for the faulty construction of a pool, a Montana federal court ruled, finding that business risk and professional liability exclusions barred coverage under the company's general liability policy.
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March 04, 2024
Divisive Housing Law A 'Great Test' For New Mass. AG
A high-stakes legal showdown over Massachusetts' requirement that communities served by public transit build affordable housing presents a significant test for state Attorney General Andrea Campbell that could come back to hurt her politically, experts told Law360.
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March 04, 2024
Stockholder In Homebuilder MDC Challenges $5B Acquisition
A stockholder in homebuilder MDC Holdings Inc. accused the Denver-based company of agreeing to a $4.9 billion all-cash acquisition by a Japanese homebuilder only for the benefit of MDC's board.
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March 04, 2024
Appeal Of $20.5M Terminated Deal Too Late, Says Fed. Circ.
The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.
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March 04, 2024
Vexatious Litigation Claims Can't Transfer, Conn. Court Says
A construction supplier has no basis for vexatious litigation claims against multiple attorneys, much less a claim for early remedies from them, because the allegations are tied to the company's predecessor and current company can't pursue them, a Connecticut appeals court ruled Friday.
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March 04, 2024
Sullivan & Cromwell-Led United Rentals Paying $1.1B For Yak
Sullivan & Cromwell LLP is representing equipment rental giant United Rentals in a new agreement to buy the Yak roadway matting business from Morgan Lewis-guided Platinum Equity for $1.1 billion, United said in a statement Monday.
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March 04, 2024
Feds Escape $603K In Atty Fees Despite Customs' Loss
The U.S. Court of International Trade has found that Customs officials reasonably, albeit wrongly, determined that an importer skirted tariffs on Chinese saw blades, holding that the importer can't foist the $603,000 legal bill it incurred in an ultimately successful fight onto the government.
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March 04, 2024
Justices Won't Review Concrete Co. Licensing Fight
The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.
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March 04, 2024
Trump's Former Finance Chief Pleads Guilty To Perjury
Allen Weisselberg, the longtime former financial chief of Donald Trump's real estate business empire, admitted Monday to lying under oath in the New York attorney general's civil fraud case as part of a plea deal to serve five months in jail.
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March 01, 2024
McDermott Investors' Cert. Bid Should Be Denied, Judge Says
Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.
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March 01, 2024
Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid
A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.
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March 01, 2024
Construction Co. Loses $492M Corps Deal Protest
The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.
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March 01, 2024
Off The Bench: NCAA Loses On NIL, DC Wins With Stadium
In this week's Off The Bench, a judge unlocked the door to name, image and likeness money for college athletes, Shaquille O'Neal's Hollywood debut still rings true three decades later, and D.C. clears an early legislative hurdle in its bid to bring back its namesake NFL team. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 01, 2024
Ky. Sees $74M Boost For Abandoned Mine Cleanup Work
The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.
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March 01, 2024
Enviro Group Loses Challenge To NJ Wind Farm Plan
A New Jersey federal judge has tossed a challenge by a Garden State advocacy group and its founder to two offshore wind projects, including Orsted A/S' now-scrapped plan, ruling that the group failed to show how it is actually injured.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Texas Construction Statute Of Repose Leaves Open Questions
Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Consider Self-Help To Trigger Additional-Insured Status
A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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How To Avoid Flopping When Flipping Fla. Real Estate
As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.
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C-PACE Laws Offer Boost For Sustainable Development
As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Post-Ciminelli Predictions On Right-To-Control Convictions
The recent Second Circuit filings in Binday suggest that the government will fight to preserve its right-to-control convictions in the wake of the U.S. Supreme Court's Ciminelli decision, and offer clues about key issues that will drive post-Ciminelli litigation, say attorneys at Debevoise.
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Texas Bankruptcy Ruling May Create Uncertainty For Sureties
A Texas federal court’s recent ruling in Markel Insurance v. Origin Bancorp casts uncertainty on the utility of commonly used contractual trust language, and highlights that sureties should not be put to the task of negotiating intercreditor agreements to protect their rights, says Lisa Tancredi at Womble Bond.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Is There A New 'Moderate Questions' Doctrine?
The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.