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Gravel2Gavel Construction & Real Estate Law Blog

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Forbes Busts Monster Myth About Marketing To Women

For most industries, attracting both male and female consumers is a must, but successfully engaging both genders is not always easy. It is becoming more difficult given that both genders’ roles continue to change and their views on gender roles are ever evolving. In Monster Myth: Marketing To Women Alienates…

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DC Circuit Clarifies Standard of Review When Agencies Argue “Good Cause” for Bypassing APA Notice and Comment Requirement

In an Federal Communications Commission (CMC) matter, Sorenson Communications, Inc. v. FCC, the DC Circuit vacated an interim rule promulgated by the FCC without going through notice and comment. The agency argued that it had “good cause” to dispense with the Administrative Procedure Act (APA) in this instance. The court…

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Texas Supreme Court: Economic Loss Rule Bars GC’s Claim Against Architect

In LAN/STV, a Joint Venture of Lockwood, Andrews & Newman, Inc. v. Martin K. Eby Construction Company, Inc., the Texas Supreme Court considered “whether the rule permits a general contractor to recover the increased costs of performing its construction contract with the owner in a tort action against the project…

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Employees and Independent Contractors and Day Laborers … Oh My!

UPDATES: Ayala v. Antelope Valley Newspapers Inc., ___ Cal. ___ (Jul. 1, 2014)–California Supreme Court clarifies the test for independent contractor status; Ruiz v. Affinity Logistics Corp., 2014 BL 166620, No. 12-56589 (9th Cir. Jun. 16, 2014)–Ninth Circuit found “overwhelming evidence” that the defendant controlled details of the delivery drivers’…

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Important APA Issue Awaits Supreme Court’s Review

The U.S. Supreme Court has agreed to review two decisions of the DC Circuit, which held that “when an agency has given its regulation a definitive interpretation, and later significantly revises that interpretation, the agency has, in effect amended its rule, something it may not accomplish [under the Administrative Procedure…

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Would You Consider Paving the Way for Your Workers to Obtain a College Degree?

Recently, Starbucks has been in the news for “giving its baristas a shot at an online college degree.” Starbucks has reportedly team upped Arizona State University to offer certain of its employees access to an online undergraduate degree available at a steep discount (the “Starbucks College Achievement Plan”). Starbucks and…

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University of Texas Arlington Plans to Offer Master of Construction Management Degree

Beginning in the fall of 2014, the University of Texas at Arlington plans to offer a new Master of Construction Management (MCM) degree with an option to take courses online to help meet industry demand in Texas, especially in the thriving North Texas region. It will focus on management of…

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New Superfund Ruling: Supreme Court Holds that CERCLA Section 9658 Does Not Preempt State Statutes of Repose

The Supreme Court has issued its decision in the case of CTS Corp. v. Waldburger, et al., __ S. Ct. __ (June 9, 2014), argued April 23, 2014. The Court (Justice Kennedy) reversed the Fourth Circuit, which had held that CERCLA Section 9658 also preempted state “statutes of repose” as…

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Water Bill to Boost Public-Private Partnerships

We have previously written regarding critical repairs and updates needed for the Nation’s aging infrastructure. We have also noted the need for private investment to get these capital-intensive infrastructure projects off the ground. An Act recently passed with strong bipartisan support by Congress and expected to be signed into law…