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Construction
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October 11, 2024
Fed. Circ. Says USMCA Review Bars Importer's Duty Suit
The Federal Circuit has backed the U.S. Court of International Trade's dismissal of a Canadian lumber company's challenge to increased tariffs, saying the U.S. court couldn't take the case once a U.S.-Mexico-Canada Agreement panel began reviewing the duties.
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October 11, 2024
Subcontractor Owes Travelers $325K For Hotel Work Deal
A Travelers unit is entitled to recover $325,000 for payments made against its surety bonds to settle a general contractor's claims that a subcontractor abandoned work on an Idaho hotel, a Washington federal court ruled, finding the subcontractor liable under an indemnity agreement with Travelers.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 10, 2024
Wash. Judge Condemns Monsanto's Bid To Delay PCB Trial
A Washington state judge grew frustrated on Thursday with Monsanto's eleventh-hour attempt to shelve a PCB poisoning tort headed to trial next week until the state Supreme Court weighs in on a similar case, calling out the chemical giant for taking stances on "both sides of the fence" about the stakes on appeal.
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October 10, 2024
Contractor Slams Stay Bid In $13M Lake Ontario Awards Fight
Geotechnical contractor Soletanche Bachy Canada Inc. has asked a Texas federal court not to pause its suit looking to enforce arbitral awards of $13 million against an infrastructure construction corporation, saying the construction company misrepresents an appeal proceeding in Ontario.
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October 10, 2024
German Co. Can't Pause $194M Duties Case For Appeal
A German company that allegedly owes $194 million in U.S. duties can't pause a lawsuit seeking payment to appeal an order allowing the complaint to be served, with the trade court saying Thursday that an appeal would delay the case.
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October 09, 2024
$140M Chilean Hospital Award Fight Is Paused In Canada
A Canadian judge has paused a Chilean construction company's bid to enforce a $140 million arbitral award arising from a soured hospital construction project against Webuild while an Italian court determines whether the construction giant is obligated to pay.
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October 09, 2024
Chancery Keeps $5B Md. Data Center Project Fight In Del.
A court battle over control and management of early work on a potential $5 billion data complex in western Maryland will remain in the First State despite a marginally earlier-filed suit in Texas' new business court, a Delaware vice chancellor ruled late Wednesday.
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October 09, 2024
Lima Urges DC Circ. To Ax $200M Awards To Ex-Odebrecht Co.
The Peruvian city of Lima has urged the D.C. Circuit to vacate $200 million in arbitration awards secured by a former subsidiary of "corrupt" Brazilian conglomerate Odebrecht over a failed toll road construction contract, calling the construction giant "an inveterate worldwide briber."
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October 09, 2024
Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling
Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.
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October 09, 2024
Wash. Justices To Weigh $185M PCB Case Against Monsanto
The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.
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October 09, 2024
Pa. Justices Skeptical That Surety Is Insurance
The Pennsylvania Supreme Court on Wednesday seemed leery of a steel company's assertion that suretyship and insurance are the same thing when it comes to the state's bad faith laws, with justices repeatedly asking how the terms were identical.
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October 09, 2024
Toll Bros. Blames Subcontractors For Senior Housing Flaws
As several entities of the construction firm Toll Brothers face contract breach claims over alleged defects in a Connecticut senior community, the defendants have filed a third-party complaint against four subcontractors that they claim are actually responsible for poor work and any damages.
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October 09, 2024
Locke Lord Slams 'Unsustainable' Take On Jurisdiction Issue
Locke Lord LLP urged a New Jersey appellate panel Wednesday to reverse a trial court's finding that it is subject to Garden State courts in a malpractice suit over an allegedly botched deal involving a North Dakota oil refinery project, arguing personal jurisdiction can't be obtained through personal service on a firm partner not involved in the litigation.
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October 09, 2024
NYC Housing Bribe Case Is 'Guilt By Association,' Jury Told
Counsel for a New York City public housing superintendent accused of taking nearly $38,000 in bribes told a Manhattan federal jury Wednesday that the defendant is a victim of "guilt by association," kicking off the first trial after an antibribery sweep saw 70 people charged.
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October 09, 2024
Importer Denied Fee Award For Winning Duty Evasion Suit
The U.S. Court of International Trade refused to grant attorney fees to an importer that challenged a now-rescinded duty evasion ruling, ruling that the error did not belong to the agency the importer challenged.
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October 08, 2024
GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule
Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.
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October 08, 2024
Mich. Judge Won't Halt EV Battery-Plant Build During Appeal
A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.
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October 08, 2024
Pa. Developers Defend Efforts To Remediate Landslide Damage
A Western Pennsylvania property development company asked the Pennsylvania Commonwealth Court on Tuesday to throw out a contempt order in connection with an agreement to provide remediation to a community it built that was devastated by a landslide, arguing it poured its personal and business funds into the project.
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October 08, 2024
Fed. Circ. Reinstates Duties On Chinese Aluminum Door Parts
The Federal Circuit overturned a U.S. Court of International Trade ruling narrowing the scope of duties on Chinese aluminum extrusions, saying Tuesday that the U.S. Department of Commerce had justifiably included aluminum door thresholds in the tariffs.
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October 08, 2024
Home Depot Says Tool Rental Suit Makes No Sense
The Home Depot Inc. called on a Georgia federal judge to throw out a contracting company's claims it systematically overcharged tool rental program customers, arguing the company is trying to "reengineer" the tool-rental agreement in ways that "produce absurd results and otherwise make no sense."
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October 08, 2024
Ex-FDNY Safety Chief Cops To Taking Bribes For Inspections
A Staten Island firefighter who headed the New York City Fire Department's office tasked with fire prevention told a Manhattan federal judge on Tuesday he took thousands of dollars in exchange for speedier safety checks, pleading guilty to bribery conspiracy.
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October 08, 2024
Contractors Tell 5th Circ. They Belong In Border Wall Suit
Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.
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October 07, 2024
Black La. Residents Urge Overhaul On Discriminatory Land Use
A Fifth Circuit judge asked attorneys for a Louisiana parish Monday whether they believe local government officials could continue racial discrimination for "eternity" because an allegedly discriminatory land-use plan was passed a decade ago without widespread concern.
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October 07, 2024
Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post
The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law.
Expert Analysis
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Differences In Enforcing Oral Settlements In NJ And Pa.
New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.