In an age where sustainability is becoming an imperative as opposed to an option, the legal landscape surrounding sustainable development and land use is evolving at an equally crucial pace. In a recent update, it showcases how administrations are leveraging legal provisions to foster sustainable growth and development. As reported by JDSupra, the Biden administration…
In the matter of Malvern Panalytical Inc. v. TA Instruments-Waters LLC, et al., (No. 2022-1439) settled in the Federal Circuit Court of the District of Delaware on November 1, 2023, an intriguing patent case of high significance within the legal industry was carried out. The panel that presided over this case consisted of Prost, Hughes,…
In 1991, the US Supreme Court affirmed the state’s authority to prohibit trial participants from speaking about the trial if it risks ‘materially prejudicing’ the judicial process. The ruling was a part of the landmark case, Gentile v. State Bar of Nevada, which originally pertained to a ban on attorneys commenting on ongoing lawsuits. This…
In a case that is highly relevant to legal professionals in construction-related enterprises, a recent verdict by the Technology and Construction Court in London has offered a comprehensive examination of the law in instances of argument frequently occurring in construction projects. Particular emphasis was placed on issues of limitation and when a cause of action…
In recent deliberation from the Supreme Court of Tennessee (Supreme Court) in the case of Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), notable conclusions were drawn regarding the application of the economic loss doctrine, specifically its inapplicability for contracts regarding services. The economic loss doctrine is a legal…
The National Labor Relations Board (NLRB) has recently issued an important memo which provides guidance on its Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023) ruling. The memo was issued this summer and has significant implications for how employers and labor unions engage in the organizing process. In the original decision, the NLRB…
The United States Environmental Protection Agency (USEPA) has finalized its 2023 Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule, which becomes effective on November 27, 2023. As published in the Federal Register on September 27, 2023, the new rule purports to bolster the potency of states, territories, and tribes in safeguarding water…
In an interesting turn of events, the Sixth District Court of Appeal reversed an initial trial court’s judgment, which held that Monterey County’s permitting of a desalination plant was unjustified. This conclusion came in response to a writ set aside by the court against the investor-owned public utility/water supplier California-American Water Company (“Cal-Am”), as documented…
In a significant environmental ruling, India’s Supreme Court ordered officials from Punjab, Haryana, Rajasthan and Uttar Pradesh — states neighboring New Delhi — to prevent farmers from burning crop residues. This decision came as a response to mounting concerns over hazardous air pollution levels in New Delhi. The court has assigned the implementation of these…
The landscape of real estate and construction is in a state of flux, shaped by everything from large infrastructure projects to interest rate increases and the viability of corporations like WeWork. In the latest news roundup, we delve into the significant developments affecting these sectors. A spotlight has been shone on the state of New…
On Tuesday, Portuguese Prime Minister, Antonio Costa, announced his resignation amid ongoing corruption inquiries. He cited that the dignity of the Prime Minister’s role is incompatible with any suspicion related to one’s integrity, good behaviour, or criminality. This development follows allegations made against his office that handle Portuguese affairs, including lithium mining, hydrogen projects, and…
Legal professionals worldwide may have grown accustomed to the Federal Circuit’s claim construction gospel as set forth in Phillips over the last two decades. This doctrine traditionally posits the intrinsic evidence – such as claims, specification, and the prosecution history – as the key determiner often “dispositive” and is “the single best guide to the…
The U.S. Environmental Protection Agency (EPA) recently published an advanced notice of proposed rulemaking (ANPRM) dated October 12, 2023, initiating a public consultation to gather feedback on distinct issues concerning treated seed and paint. As disclosed in this JD Supra report, this comment-seeking activity revolves around seed treated with standard pesticides and paint treated with…
In a decision by the High Court of the United Kingdom earlier this year, it was emphasized that the limitation of liability clause still occupies a central role in high value or complex contractual agreements. The significance of such a clause, which seeks to limit a party’s financial exposure in instances of lawsuits or other…
As legal professionals, one of the key aspects we often encounter is drafting a settlement agreement. This process normally requires a high level of foresight, especially with an eye for enforcement down the line. This becomes particularly essential with industry-side activities that are either complex or disputed, such as in the recent cases involving construction…
The advancement of carbon capture and storage (CCS) projects often touted as a pivotal solution in the fight against climate change are facing immense challenges, as brought to light by the recent termination of a key Midwest project. The large-scale Heartland Greenway project was developed by Navigator CO2 Ventures, a company backed by several significant…
Investment and interest in engineered timber construction projects have been on the rise in recent years. This trend was underscored by the recent completion of the Ascent, a 25-story apartment building in Milwaukee, Wisconsin, which has now become the world’s tallest mass timber structure. (JD Supra) Legal professionals dealing with engineered timber contracts should be…
In Fall 2023, developments in labor law have shown some abnormal trends in the Third Department, according to recent legal documentation. On the typical route, there are various Labor Law decisions to report on. However, the most recent reporting timeframe has revealed only a single decision related to Labor Law construction case from the Third…
In a recent development, the Indiana Supreme Court declined to consider a landowner’s appeal in the case of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023). This ruling underscores the continued lack of compensation for nearby road closures related to eminent domain proceedings in the…
The population of Florida has seen a significant surge in the past few years. Over 1,000 individuals are making the sunshine state their home each day, a development that’s increased housing demand, particularly in suburban and rural areas. However, the supply of affordable housing has not kept pace with this rapid growth, a problem that…
The Canada Energy Regulator (CER) has ordered the Trans Mountain Corporation to halt its oil pipeline expansion work in a wetland area near Abbotsford, British Columbia. This decision came after CER inspectors detected instances of environmental and safety non-compliance during their verification activity. In its Inspection Officer Order, the CER specifically noted that Trans Mountain…
In the continuously evolving legal landscape, artificial intelligence (AI) is gaining prominence as a tool in various sectors, and the world of contract drafting is no exception. Legal professionals are exploring the potential use of AI in drafting construction contracts, provoking a spectrum of opinions within the industry. Recently, attorney Mario R. Nicholas authored an…
In a recent move that signals a commitment to boosting the adoption of renewable energy, President Joe Biden announced a $1.3 billion federal investment. Aimed specifically at interstate power line construction, this new approach is set to overhaul the outdated electric grid that currently serves the United States. The investment’s primary goal, as reported by…
In a recent development, the Mississippi Commission on Environmental Quality and D.R. Horton, Inc., a notable subdivision developer operating in George County, Mississippi, signed an Agreed Order (AO) on September 20th. This order addresses an alleged violation of regulations concerning stormwater permitting, as stipulated by the Mississippi Code. The specifics of the AO, which is…
Florida’s Construction Lien Law, F.S. 713.001 et seq., is preparing to undergo significant amendments. Effective as of October 1, 2023, these revisions will impose several crucial changes about which contractors operating in the state ought to stay informed. The legislation has been comprehensively reviewed and revised by the legislative body in Florida. While the full…