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Construction
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June 25, 2025
Company Can Be Sued For Drunk Worker's Crash, Panel Says
A Florida appeals court on Wednesday revived a suit accusing a construction company's employee of negligently causing an auto collision while drunk, saying it can be held liable despite the worker's contractual obligation not to drink and drive in the company car.
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June 25, 2025
Michigan Builders Sue State Over Energy Code Mandates
Michigan homebuilders have sued to challenge the state's adoption of new construction codes, saying the energy efficiency demands will make new homes more expensive.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 24, 2025
Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms
Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.
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June 24, 2025
Cable Cos. Push For Faster 'Self-Help' To Upgrade Poles
Broadband providers need authority to quickly hire their own contractors to upgrade poles for service attachments if utilities that own the infrastructure can't get the work done quickly enough, a cable lobbying group told the Federal Communications Commission.
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June 24, 2025
Mich. Court Says Nonprofit Can't Co-Own Power Project
A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.
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June 24, 2025
House Reps. Seek Copyright Protections For Building Codes
Two members of Congress reintroduced a bill that would allow organizations that develop standards and codes for buildings to copyright their work so long as they offer a free version of the information.
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June 24, 2025
GSA Chooses Site For New Conn. Federal Courthouse
The U.S. General Services Administration selected a 2.19-acre parking lot in Hartford, Connecticut, as the home for a new federal courthouse, which it says will be operational by 2030.
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Lima Can't Get $200M Award Enforcement Paused
A D.C. federal judge refused the Peruvian city of Lima's bid to pause enforcement of some $200 million in arbitral awards issued to a highway contractor during an ongoing appeal, saying Friday that the city's mayor has stated publicly that he has no intention of ever paying up.
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June 23, 2025
9th Circ. Backs $26M Fraud Penalty Against Importer
The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.
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June 23, 2025
Calif. Property Co. Denied Early Win In Defect Coverage Suit
A California federal court refused to hand a partial win to the owner of a Brentwood retirement community seeking excess coverage for an underlying settlement stemming from homeowners' construction defect claims, saying genuine issues of fact exist as to whether the claims constitute "suits" under the policy.
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June 23, 2025
NY Tribe Says Feds Ignore Public Health In Sanitation Fight
The Saint Regis Mohawk Tribe has asked a New York federal court to order the Indian Health Service to turn over its authority to maintain sanitation facilities to the tribe, arguing that part of the IHS's public health mission is to ensure clean water and functioning sewage systems.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
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June 23, 2025
Kennedys Expands With Litigators In Philly, Midwest
Kennedys Law LLP expanded its litigation team with the recent addition to its offices in Philadelphia and Chicago of four attorneys specializing in liability, insurance and cybersecurity.
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June 23, 2025
Milbank Atty Opens NYC Disputes Firm With 2 Past Colleagues
A former Milbank LLP partner known for his work on high-profile international arbitrations announced Friday that he has teamed up with two former colleagues to launch a disputes boutique in New York City that he hopes will fill the gaps often left by how BigLaw decides which matters to take on.
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June 23, 2025
Texas Authorizes Tax Break For Border Safety Infrastructure
Texas authorized a property tax exemption for real property used to install border security infrastructure in counties that border Mexico, pending voter approval of a proposed amendment to the state constitution, under a bill signed by Gov. Greg Abbott.
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June 23, 2025
High Court Won't Revisit 'Right-To-Control' Fraud Case
The U.S. Supreme Court on Monday refused to take a second look at the landmark case that disposed of the "right-to-control" theory of fraud, rejecting a petition that argued the Second Circuit had wrongly remanded the action for retrial before resolving the appeal at hand.
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June 20, 2025
Real Estate Recap: Senior Living, Data Centers, CEQA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into a senior housing surge, data center construction, and the Golden State's latest efforts to spur housing construction without upsetting the California Environmental Quality Act.
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June 20, 2025
Concrete Biz Investors Sue In Del. After Book, Record Denials
Stockholders of a U.S. concrete company taken private in an $11.5 billion merger in February sued the business for books and records on Friday, arguing the company's denial of access wrongly cited the previous dismissal of a shareholder suit alleging unfair merger terms.
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June 20, 2025
Paul Weiss-Advised QXO Bids $5B For Alston & Bird-Led GMS
Connecticut-based QXO Inc. has proposed to acquire building materials distributor GMS Inc. in an all-cash deal valued at approximately $5 billion, with Paul Weiss Rifkind Wharton & Garrison LLP backing QXO on the unsolicited bid.
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June 20, 2025
Ga. County Seeks Extension Of Feds' Sewer Update Deadline
Georgia's DeKalb County has again asked a federal judge for more time to come into compliance with a federal consent decree requiring it to upgrade its sewer systems, arguing that recent assessments of the project have made the decree's timeline "substantially more onerous."
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June 20, 2025
FERC Pauses Regulations To 'Speed Up' Natural Gas Projects
The Federal Energy Regulatory Commission recently made moves including the enactment of a one-year waiver on a construction authorization policy in order to "speed up" natural gas infrastructure projects in the U.S., the agency has announced.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 18, 2025
Caterpillar Must Face Jury Over Ex-Worker's Age Bias Claim
The Seventh Circuit reversed Caterpillar's summary judgment win over a former employee's age discrimination claim on Wednesday, saying a jury should decide whether the company reasonably placed the worker on a performance action plan that included a deadline that had already passed.
Expert Analysis
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.