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Gravel2Gavel Construction & Real Estate Law Blog

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Determining the Number of Occurrences Arising From Multiple Construction Defects … It Depends on Who Is Sued

The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of construction defects constituted just one occurrence under the relevant excess general liability policy. In Chartis Specialty Ins. Co. v. American Contractors Ins. Co. Risk Retention Group…

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7th Cir. Holds Wisconsin Town’s Refusal to Process Building Permits for a Wind Farm Not Subject to Constitutional Due Process Challenge

In the case of CEnergy-Glenmore Wind Farm #1, LLC, v. Town of Glenmore, decided on August 7, 2014, the U.S. Court of Appeals for the Seventh Circuit affirmed the lower court’s ruling that the Town of Glenmore, Wisconsin’s delay and final rejection of wind farm building permits did not violate…

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“Ban the Box” Legislation Expands Across the Country ~ Employers Need to Update Employment Applications and Policies

Yesterday, Pillsbury attorneys Ken Taber, Paula Weber, Rebecca Carr Rizzo and Stephen Asay published their advisory titled “Ban the Box” Legislation Expands Across the Country Employers Need to Update Employment Applications and Policies. The Advisory discusses the growing national movement to “Ban the Box” – i.e., to prohibit questions about…

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9th Cir. Ninth Circuit Holds Coast Guard “Letter of Recommendation” Provided in LNG Permitting Matter Was Not a Final Agency Action Triggering Appellate Review

In Columbia Riverkeeper, et al. v. U.S. Coast Guard, decided on August 5, 2014, the U.S. Court of Appeals for the Ninth Circuit held that a Coast Guard “Letter of Recommendation” provided to FERC in connection with FERC’s ongoing review of a proposed Oregon LNG terminal project was not a…

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4th Cir. Orders Lower Court to Conduct Additional Hearings on Environmental Challenge to North Carolina Outer Banks Transportation Project

The U.S. Court of Appeals for the Fourth Circuit recently reviewed the lower court’s rejection of a series of challenges to an important North Carolina highway transportation project that will repair and restore access to the North Carolina Outer Banks. The case is Defenders of Wildlife, et al., v. North…

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PA Amends Mechanic’s Liens Law

On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Senate Bill 145 (aka “Act 117”), amending Pennsylvania’s Mechanics’ Lien Law of 1963. Act 117 is effective September 7, 2014. Among other things, Act 117 provides that, any lien obtained under the Act by a contractor or subcontractor is…

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IL Governor Signs Bill to Limit Use of Payroll Cards

On August 6, Illinois Governor Pat Quinn signed into law House Bill 5622, a bill amending the state Wage Payment and Collection Act, 820 Ill. Comp. Stat. §§ 115, et seq., and barring employers from making the use of payroll cards a condition of employment and preserving workers’ right to…

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Significant Superfund Ruling: 9th Circuit Rejects De Minimis CERCLA Settlements

Over a strong dissent, the U. S. Court of Appeals for the Ninth Circuit rejected the lower court’s approval of several proposed de minimis consent decree settlements. The Arizona Department of Environmental Quality (ADEQ) had negotiated these settlements with a number of potentially responsible parties (“PRPs”) at the Broadway-Patano Landfill,…

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The ADA and Private Professional Certification

Today, Pillsbury attorneys Jerry Jacobs, Julia Judish, and Dawn (Crowell) Murphy issued their advisory titled The ADA and Private Professional Certification. Their Advisory discusses Title III of the Americans with Disabilities Act (ADA), as amended, which mandates that private entities offering examinations or courses related to certain applications, licensing, certification,…

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Zurich Seeks to Assert Unprecedented Control over Defense Counsel

Zurich has updated its “Litigation Management Guidelines” to give the insurer an unprecedented level of control over defense counsel’s activities. The new Guidelines adopt the Recommended Case Handling Guidelines for Insurers created by The Defense Research Institute, and also append an extensive Addendum covering business policies, expense and professional fee…