The Texas Supreme Court confirmed that it will hear oral arguments in McGinnes Indus. Maint. Corp. v. The Phoenix Ins. Co., et al., No. 13-20360, case on January 15, 2015. The issue was certified to the Texas Supreme Court by the Fifth Circuit Court of Appeals on June 11, 2014.…
On June 23, 2014, Louisiana Governor Bobby Jindal signed into law Senate Bill 447. Louisiana Revised Statutes § 2156.3 governs the licensing of “entities engaging in the business of selling, leasing, installing, servicing, or monitoring solar energy equipment,” and “entities engaged in the business of arranging agreements for the lease…
Internal corporate investigations often raise questions regarding legal privileges. In an important attorney-client and work product controversy in the corporate area, last June the DC Circuit Court of Appeals granted a petition for a writ of mandamus in connection with documents the trial court had ordered to be made available…
A panel of the U.S. Court of Appeals for the DC Circuit has agreed to rehear the case of National Association of Manufacturers v. SEC, 748 F.3d 359 (2014), responding to petitions for rehearing submitted by the Securities Exchange Commission and Amnesty International. The Court will consider the First Amendment…
Chief Justice Stuart Rabner recently announced that, following the New Jersey Supreme Court’s November 13, 2014 order authorizing the Program, the New Jersey Judiciary will begin on January 1, 2015 accepting cases into the Complex Business Litigation Program. The Program will be a forum for the resolution of complex business,…
2016 UPDATE: Earthquake Brace + Bolt Program Provides Contractors with New Work for the New Year — Earthquake Brace + Bolt (EBB) 2016 program will be offered in the following ZIP codes: Albany: 94706 Berkeley 94702, 94703, 94704, 94705, 94707, 94708, 94709, 94710 Burlingame: 94710 Emeryville: 94608 Hillsborough: 94010 Millbrae: 94030…
Recently, the Nebraska Supreme Court, in Gaytan v. Wal-Mart, et al., 289 Neb. 49 (2014), concluded that there were genuine issues of material fact with respect to the general contractor’s liability for claims brought by a special administrator for a deceased worker’s estate. The claims against the general contractor, Graham…
It’s not over until it’s over. The State of Alaska was recently given another opportunity to challenge the U.S. Forest Service’s 2001 “Roadless Rule,” a rule that prohibits the construction and repairs of roads and timber harvesting on millions of acres in the national forests. The case is State of…
Day before yesterday, the Supreme Court heard oral argument on November 5, 2014 in the case of Yates v. United States. The Supreme Court is being asked to answer the question: “Whether petitioner’s efforts to thwart a government investigation by dumping undersized fish at sea violated the criminal prohibition on…
Many construction projects are subject to the federal Clean Water Act and its regulation of the discharge of pollutants into the navigable waters of the United States, which the law defines simply as the “waters of the United States”. This definition drives the scope of federal jurisdiction in numerous areas.…