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Construction
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March 18, 2025
Asphalt Co. Exec Avoids Prison, Fined $100K For Bid Rigging
The president of an asphalt paving company who pled guilty to participating in a scheme with other asphalt companies to rig bids for projects in Michigan for roughly eight years avoided prison time and was ordered Tuesday to pay a $100,000 fine.
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March 18, 2025
99 Hudson Developer Loses Appeal In Buyers' NJ Fraud Suit
A New Jersey state judge's refusal to send a fraud lawsuit against the developer of the 99 Hudson condominium complex in Jersey City to arbitration was valid, a state appellate panel ruled Tuesday, saying the contract lacked clear language that the plaintiffs were waiving their statutory right to seek relief in court.
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March 18, 2025
Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud
Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
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March 18, 2025
Pa. Shell Plant Workers Get Cert. For Commute Time Suit
Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.
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March 17, 2025
Insurer Stands Alone Before $8.5M Condo Defect Judgment
The insurer for a contractor can't get help from third-party insurers to pay an $8.5 million judgment for alleged shoddy workmanship on a 2005 condo project because a settlement agreement released them from all claims, a Florida federal judge said Monday.
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March 17, 2025
DC Circ. Skeptical Of Killing $200M Toll Road Arbitration Award
The D.C. Circuit seemed to have its doubts Monday about the Peruvian city of Lima's argument that it should overturn the confirmation of a $200 million arbitral award over a failed toll road construction project because the lower court ignored its claim that the contract was acquired via bribe.
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March 17, 2025
Brazilian Construction Giant Files Ch. 15 Case In NY
Odebrecht Engenharia E Construo SA, a Brazilian construction conglomerate, has filed for Chapter 15 protection in New York along with several affiliates seeking recognition of an insolvency case pending in São Paulo.
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March 17, 2025
Army Can Reject $435M TNT Plant Bidder Over China Ties
The U.S. Government Accountability Office has rejected a protest over a $435 million U.S. Army contract to design and build a TNT production facility, saying the Army reasonably rejected a bidder for security concerns over ties to China.
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March 17, 2025
HUD, DOI To Identify Federal Land For Affordable Housing
The U.S. Department of Housing and Urban Development and the U.S. Department of the Interior will work together on identifying federal land that could be used as the sites of affordable housing, according to a joint announcement.
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March 14, 2025
Williams Kastner Accused Of Malpractice After $128M Payout
An insurer wouldn't have been forced to pay 64 times its policy limit after a deadly crane collapse in Seattle were it not for its attorneys at Williams Kastner, the carrier told a Washington state court, accusing its counsel of malpractice that caused it to pay $128 million.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
Calif. Tribe Looks To Defend Casino Land Trust Decision
A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.
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March 14, 2025
Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit
Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.
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March 14, 2025
ITC To Review Toolmaker's Fish Tape, Safety Helmet Products
The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.
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March 14, 2025
Washington Dept. OKs Property Conversion Tax Break Regs
Washington state's Department of Revenue adopted regulations to clarify eligibility requirements for a retail sales and use tax break for the conversion of commercial property to affordable housing authorized by a 2024 law, according to a rulemaking order.
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March 14, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen J.P. Morgan face action by the founder of Viva Wallet in an ongoing feud over the company's takeover, retailer Next Group contest a claim by the home ware brand owned by private members' club Soho House, and the venue of the Wimbledon Championships sue a local group opposed to its plans to build new tennis courts on protected land in Wimbledon Park.
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March 13, 2025
Watchdog Says Federal Landlord Used Prohibited Chinese Drone
The U.S. General Service Administration's Office of Inspector General on Thursday pressed the Public Buildings Service to tell one of its contractors to stop using a drone manufactured by a Chinese company that the U.S. Department of Defense has identified as a potential national security threat.
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March 13, 2025
Fla. Condo Says Insurers Unfairly Handled Hurricane Claim
A Pensacola Beach condominium complex told a Florida federal court that it is entitled to recover attorney fees and other costs associated with what it alleged was its insurers' failures to fairly handle its claim for Hurricane Sally damage.
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March 13, 2025
Fed. Circ. Revives Bid For Increased Costs From DHS Build
The Federal Circuit on Thursday revived a construction contractor's claim for additional costs under a contract to construct a utilities plant at U.S. Department of Homeland Security headquarters, finding the government's building specifications were inadequate.
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March 13, 2025
Tampa Bay Rays Halt Plans For New $1.3B MLB Stadium
Major League Baseball's Tampa Bay Rays announced Thursday that it will stop developing a $1.3 billion stadium that's connected to a larger $6.5 billion redevelopment plan for the Historic Gas Plant District in St. Petersburg, Florida.
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March 13, 2025
Coverage Bars Fla. Worker Who Died In Fall, Insurer Says
A Michigan-based insurance company has asked a Florida federal court to declare that it doesn't owe coverage in a claim stemming from a condominium worker's death after falling five stories, asserting that its policy doesn't cover the death if it occurred during the scope of the employer's business.
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Smith Currie Hires Veteran Construction Atty To Fla. Office
Smith Currie Oles LLP has hired a former Siegfried Rivera construction litigation attorney as partner in the firm's Fort Lauderdale, Florida, office, the firm announced Wednesday.
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March 13, 2025
Pa. Dealership Settles Painter's Garage-Door Death Claim
The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.
Expert Analysis
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Roundup: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Contract Disputes Recap: Liability Test, Termination Claims
Zachary Jacobson at Seyfarth examines three recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals that examine the limits of designer liability under the architect-engineer clause and key processes for claim recovery when a contract is terminated for convenience.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.