Construction

  • August 20, 2019

    Ch. 11 Plan Of Failed FIU Bridge's Builder Faces Objections

    A bankruptcy judge held off Tuesday on approving a disclosure statement that details the reorganization plan for the lead builder of a pedestrian bridge that collapsed last year, citing "significant" objections by the U.S. Trustee and creditors.

  • August 20, 2019

    Pa. Justices Say State Has Final Say Over Utility Lines

    Pennsylvania’s Public Utility Commission has the exclusive right to regulate power lines and pipelines within the state, and that authority preempted the city of Lancaster’s effort to inspect and charge fees for utilities in city-owned rights of way, the Supreme Court of Pennsylvania ruled Tuesday.

  • August 20, 2019

    Mass. Tribe Wins Bid To Amend Judgment In Casino Suit

    A Massachusetts federal judge has granted the Wampanoag Tribe of Gay Head's bid to amend a judgment in the state's suit against the tribe over a casino project, resolving the tribe's concern that the state may interfere with its right to operate a gambling facility.

  • August 20, 2019

    Del. Court Guts Insurance Suit Over $43M Skyscraper Deal

    A Delaware judge on Monday sank most of the claims the owner of a Detroit skyscraper leveled against its insurer for allegedly not fixing a legal discrepancy that led to a failed agreement to sell the building, saying its claims of bad faith and demands for punitive damages are barred under Michigan law.

  • August 20, 2019

    Homeowners Say Enterprise Pipeline Caused $50M In Damage

    Two Houston-area residents have filed a $50 million putative class action lawsuit against Enterprise Products Partners LP and two other companies behind a pipeline project they claim caused flooding on their properties.

  • August 20, 2019

    3rd Circ. Revives Ex-Pipeline Worker's Overtime Pay Suit

    A Pennsylvania federal court applied the wrong standard when it found that a construction company didn't violate wage laws intentionally, the Third Circuit said Tuesday as it revived a former employee's overtime suit.

  • August 20, 2019

    Real Estate Rumors: MRK, Taconic, Witkoff

    A venture of MRK Partners has reportedly dropped $24 million on a Florida senior living facility, Taconic Investment Partners is said to be paying roughly $220 million for part of the former ABC campus in New York and Witkoff Group is said to have landed $31 million in financing for a residential project in California.

  • August 20, 2019

    Industrial, Marine Contracting Cos. To Pay $180K In OT Suit

    Two companies that provide services to industrial and marine contractors will pay $180,000 to settle a collective action brought by laborers who said they received insufficient overtime pay, according to a final approval of the deal entered Tuesday in Boston federal court.

  • August 20, 2019

    7th Circ. Upholds Ind. City's License Rule For Property Fixes

    The Seventh Circuit on Monday upheld an Indiana city's construction licensing rules, saying they're based on a distinction between owner-occupied properties and rental properties rather than targeting out-of-state property owners.

  • August 20, 2019

    House Says Trump Can't Use Defense Money For Border Wall

    The U.S. House of Representatives has chimed in to support litigation seeking to block President Donald Trump’s diversion of defense money to build a southern border wall, telling the Ninth Circuit that the administration is defying the American system of checks and balances.

  • August 20, 2019

    DC Circ. Ruling Curtails FCC's 5G Rollout Strategy

    The D.C. Circuit recently rebuked the Federal Communications Commission's strategy for a quick 5G rollout when it ruled wireless small cell nodes are still subject to certain preconstruction reviews, dealing a blow to the agency’s aggressive moves to clear the way for companies to deploy the technology.

  • August 20, 2019

    Crane Rental Co. Owes Over $13M To Pension Fund, Suit Says

    Crane rental company Maxim Crane Works LP violated the Employee Retirement Income Security Act of 1974 by failing to contribute $13 million in funds to the Central States, Southeast and Southwest Areas Pension Fund, a lawsuit filed in Illinois federal court alleges.

  • August 20, 2019

    3rd Circ. Says Some Bonuses May Be Left Out Of OT Rates

    The Third Circuit ruled Tuesday that employers don't automatically have to factor in bonuses that workers receive from third parties when calculating overtime pay, tackling an issue of first impression.

  • August 20, 2019

    Chinese Drywall Makers Shell Out $248M To Settle MDL

    Homeowners and Chinese companies embroiled in litigation over allegedly defective drywall have reached a $248 million settlement to resolve the dispute, according to a filing in Louisiana federal court Tuesday.

  • August 20, 2019

    Travelers Settles Legal Costs Suit With Construction Co.

    Travelers Insurance has settled its lawsuit seeking to cap the amount it had to pay out on a British construction services company’s £1.2 million ($1.45 million) claim for the cost of defending itself in U.S. litigation.

  • August 19, 2019

    Risky Amazon Warehouse Rack Work Hurt 2 On Job, Jury Told

    Two ironworkers who say they suffered career-ending injuries when an uncertified forklift driver caused a massive storage rack to fall on them as they worked on a behind-schedule Amazon warehouse project with inadequate supervision asked an Illinois federal jury Monday to hold Amazon and others responsible.

  • August 19, 2019

    Husch Blackwell Boosts Phoenix Office With Lewis Roca Team

    Husch Blackwell has beefed up its Phoenix office with a four-attorney team specializing in complex commercial litigation that signed on from Lewis Roca.

  • August 19, 2019

    Mass. Tribe Says DOI Ignored Law In Trust Land Decision

    A Massachusetts tribe has urged a D.C. federal court to grant it a quick win in its suit claiming that the U.S. Department of the Interior ignored administrative precedent and case law when it decided not to hold land in trust for a casino.

  • August 19, 2019

    Doormaker's Trade Secret Claims Shut Out By Antitrust Case

    Door part supplier Jeld-Wen can't bring trade secret claims against a rival in Texas state court, a Virginia federal judge has ruled, finding the allegations have already been hashed out in his own court amid the drawn-out antitrust battle waged by Jeld-Wen's competitor.

  • August 19, 2019

    Chancery Tosses Suit Claiming Energy Co. Loan-To-Own Plot

    A string of fatal flaws — including sold-away shares and standing to sue — led to dismissal Monday of a Chancery Court suit accusing private equity investors of exploiting loans and stock warrants to gain control of a clean-energy finance business.

  • August 19, 2019

    Creditors Look To End Georgia-Pacific Affiliate's Ch. 11 Case

    A group of asbestos plaintiffs on Monday asked a North Carolina bankruptcy court to dismiss the Chapter 11 case of Georgia-Pacific affiliate Bestwall LLC, accusing the company of stalling in an attempt to avoid paying asbestos liabilities.

  • August 19, 2019

    NJ Power Project Skirted Proper Review, Suit Claims

    Newark, New Jersey, and an energy company are violating local, state and federal statutes and the U.S. Constitution by moving forward with the installation of 65-foot-tall utility poles in a historic district without first obtaining necessary reviews and approvals, a group of residents have alleged in New Jersey federal court.

  • August 19, 2019

    Fla. Contractor To Settle Small Biz False Claims For $500K

    A large Florida contractor has agreed to pay $500,000 to resolve allegations that it violated federal law by submitting claims to receive government funds for a NASA demolition project in the state that should have gone to a small business, according to federal prosecutors.

  • August 19, 2019

    Budget Hotel Startup Books $70M In Series C Funding Round

    Hotel booking and management startup RedDoorz said Monday it has raised $70 million in a Series C funding round, which will go toward several expansion projects including the construction of a second tech hub in Vietnam.

  • August 19, 2019

    Real Estate Rumors: Jones Day, Stag Industrial, Stockbridge

    Jones Day is reportedly leasing four floors at an under-construction Chicago tower, Stag Industrial is said to have picked up three Wisconsin properties for $13.9 million, and Stockbridge Capital has reportedly bought five Florida warehouses for $116.5 million.

Expert Analysis

  • What EPA Plan To Count Emission Decreases Means For Cos.

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    The U.S. Environmental Protection Agency recently proposed a rule explicitly allowing consideration of emissions decreases from a project in determining whether the project causes a significant emissions increase from an existing source. This makes it more likely that state regulators will follow the same approach, says Andrew Sawula of Schiff Hardin.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • TM Case At The Intersection Of Antitrust And Design Law

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    The recent Texas federal court case Tricon Precast v. Easi-Set involves a potential use of antitrust law that is highly unusual and may be unprecedented: arguing, via the statutory defense against claims of trademark infringement, that use of an industrial design trade dress violates U.S. antitrust laws, says Rick Sanders of Aaron Sanders. 

  • Unique Spoliation Considerations In Construction Litigation

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    In the context of construction litigation, stakeholders often must balance the need to perform repairs to a property against the risk of destroying relevant evidence, as demonstrated in a Minnesota Court of Appeals case from earlier this year, says Mark Shifton of Seiger Gfeller.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 4 Working Capital Safe Harbors For QOZ Startups

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    To avoid devastating penalties that can be triggered due to conflicting use and timing requirements under the new qualified opportunity zone regime, real estate investors should ensure qualified opportunity funds include certain provisions, says Tucker Thoni at GrayRobinson.

  • The Groundwater Circuit Split High Court Will Untangle

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    Cases in which plaintiffs have argued for Clean Water Act jurisdiction over discharges that flow through groundwater have been brought in the Fourth, Sixth and Ninth Circuits. An upcoming U.S. Supreme Court ruling on this debate will have important implications for groundwater regulation, say Bradley Ennis and Susan Scaggs of Balch & Bingham.

  • Bar Still High For Injunctive Relief In NJ Public Bidding Cases

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    A recent unreported New Jersey Appellate Division decision demonstrates that a showing of likelihood of success on the merits is still necessary to obtain temporary injunctive relief in public bidding cases, despite expectations that 2013's Waste Management decision would relax this standard, say Kenneth Oettle and Michael Carucci of Sills Cummis.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • The Future Of Chemical Risk Evaluations Under TSCA

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    The outcome of two California federal court cases attempting to prove asbestos and fluoride present unreasonable health and environmental risks may provoke a shift in responsibility for chemical risk evaluations to the federal judiciary — circumventing the U.S. Environmental Protection Agency's authority under the Toxic Substances Control Act, says Erik Baptist of Wiley Rein.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • EPA-State Partnership Memo Signals Focused Enforcement

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    The U.S. Environmental Protection Agency recently issued a memorandum on its enforcement and compliance work with states. While the memo has been touted as providing a greater role for the states, it could actually result in more active EPA input on state-led enforcement matters, says Bernard Hawkins of Nelson Mullins.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • The Eminent Domain Consequences Of Knick Ruling

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    The U.S. Supreme Court's ruling in Knick v. Township of Scott is unlikely to cause a flood of federal takings lawsuits in Georgia and the Carolinas, but it may bring other eminent domain considerations for state and local governments, say attorneys at Parker Poe.