Construction

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 13, 2024

    Bourbon Co. Says Ky. City Caved To Whiskey Fungus Fear

    A bourbon-maker has sued the city of Williamstown, Kentucky, and its top officials in federal court after they backed out of a deal to help build a set of warehouses to age liquor in response to concerns from residents that ethanol from the facility could feed the spread of so-called whiskey fungus nearby.

  • February 13, 2024

    Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage

    A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.

  • February 12, 2024

    DC Circ. Probes FERC Review Of La. Natural Gas Terminal

    A D.C. Circuit panel on Monday questioned the Federal Energy Regulatory Commission's refusal to formally characterize a Louisiana liquefied natural gas export terminal's contributions to climate change, with one judge indicating that regulators' reluctance to make determinations creates unnecessary challenges in deciding the project's fate.

  • February 12, 2024

    Activists Ask Justices To Reverse Calif. Tribal Casino Approval

    An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.

  • February 12, 2024

    China Tariff Expansion Not Duty 'Modification,' Fed. Circ. Told

    The Trump administration knowingly disregarded statutory language allowing tariff "modifications" when it enlarged duties covering Chinese goods from $50 billion to over $300 billion, importers challenging the program said in a Federal Circuit brief Monday.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    State Sen. Says 'Loophole' Still Doesn't Defame Solar Exec

    A Pennsylvania state senator's memorandum over a proposal to close the "Hommrich loophole" in state law that governs private alternative-energy systems was referring to the name of a court case, not the solar energy executive who claimed the memo was defamatory in a revised lawsuit, the senator said in her renewed objections to the suit.

  • February 12, 2024

    Construction Co. Gets Sanctions Nixed, Death Claims Tossed

    A Michigan appeals court has given a construction company a win in a suit alleging one of its drivers was liable for a man's death in a car accident, finding the trial court went too far in both levying sanctions for failing to preserve evidence and refusing to grant the company summary judgment.

  • February 12, 2024

    Locke Lord Denies Playing 'Cat And Mouse' In Fighting Suit

    Locke Lord LLP reiterated to a New Jersey state court Monday that the Garden State is the wrong jurisdiction for an oil company's malpractice suit against the firm stemming from a failed oil refinery financing project.

  • February 12, 2024

    Martin Marietta Paying $2B For Blue Water Raw Materials Ops

    Cravath-advised building materials supplier Martin Marietta Materials Inc. said Monday it has agreed to buy 20 active aggregate operations across five states from Blue Water Industries LLC, represented by Wachtell Lipton, for $2.05 billion in cash. 

  • February 09, 2024

    Real Estate Authority: Neumann's WeWork Reboot?

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments in California, Florida and New York — as well as the obstacles WeWork founder Adam Neumann faces if he tries to reclaim the struggling company that ousted him.

  • February 09, 2024

    SunZia Line Developer To Argue Against DOI Injunction Bid

    The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.

  • February 09, 2024

    No Coverage In Home Remodel Row, Insurer Says

    State National Insurance Co. should have no duty to defend or indemnify a general contractor accused of submitting fraudulent invoices for a home remodel, the insurer told a California federal court, arguing that two faulty work exclusions are applicable.

  • February 09, 2024

    Fruit Of The Loom Entity Seeks Pay For Sports Complex Work

    Fruit of the Loom subsidiary Russell Brands LLC said it's owed $256,000 for its work on the construction of an Ohio sports complex, telling an Ohio federal court that the builder, property owner and surety have failed to tender payment nearly a year after the work was completed.

  • February 09, 2024

    Green Construction Co. Gets Ch. 15 Nod For Canadian Case

    Canadian construction materials maker Nexii Building Solutions Inc. received Chapter 15 recognition of its foreign reorganization proceedings from a Delaware bankruptcy judge Friday as it looks to sell its assets and pay down debt under the supervision of a Canadian court.

  • February 09, 2024

    Paper Co.'s 'Spin-off' Was Bid To Dodge $194M Debt, Feds Say

    The U.S. government has filed a new complaint in a feud with a German thermal paper producer over nearly $194 million in allegedly unpaid anti-dumping duties, accusing the company of trying to duck the debt by reconstituting itself.

  • February 09, 2024

    DOI Accused Of Delaying Coal Mine Enviromental Review

    Signal Peak Energy has slapped the U.S. Department of the Interior with a complaint in D.C. federal court accusing the agency of unlawfully delaying an environmental impact statement needed for the approval of its expansion of the Bull Mountains coal mine in Montana.

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. 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.

  • February 09, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 09, 2024

    Owens Corning To Buy Door-Maker Masonite In $3.9B Deal

    Ohio-based construction materials manufacturer Owens Corning said Friday it has inked a $3.9 billion agreement to buy Tampa, Florida-based door-maker Masonite International Corp., just weeks after the latter company's earlier effort to buy PGT Innovations Inc. fell through.

  • February 08, 2024

    Manchin Says Biden Admin Mishandled LNG Pause

    Sen. Joe Manchin expressed his dismay at the Biden administration's late-January announcement to pause liquified natural gas export permit approvals, telling David Turk, the deputy secretary of energy, in a hearing on Thursday that the administration should have turned to the Senate for discussion before making the decision.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

Expert Analysis

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What May Define Contract Disputes Act Jurisdiction In 2024

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    Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • A Difficult Year For CRE, But Future May Be Brighter

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    2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Contract Claims Recap: Termination and Accrual

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

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