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Gravel2Gavel Construction & Real Estate Law Blog

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Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP) in the case of Cardno Chemrisk, LLC v. Cherri Foytlin & Another, confirming that it protects pamphleteers/bloggers.…

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Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple” violations of the Oregon State Resource Conservation and Recovery Act (RCRA) rules. The case is Oregon Re-Refining Company…

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Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking The Dusky Gopher Frog, once known as the Mississippi Gopher Frog, has an average length of about three inches and a stocky body with…

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Sixth Circuit Reject’s MSHA’s Claims That It Has Jurisdiction Over Coal Mining Machine Shop

In a case argued on February 1, 2017 and decided on February 13, the U.S. Court of Appeals for the Sixth Circuit held that Maxxim Rebuild Co., LLC’s small manufacturing facility located in Sidney, Kentucky is not a “coal mine” subject to the federal Mine Safety and Health Administration’s (MSHA) jurisdiction. Following workplace safety inspections…

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“Buy American, Hire American,” What May Be On The Horizon

In “Buy American, Hire American”—From Rhetoric to Regulation, our colleagues Glenn Sweatt, Nancy Fischer, Steve Becker and Matthew Rabinowitz discuss what may be on the horizon for among others, U.S. Government contracts, under the Buy American Act, and other similar protectionist regulations. These laws and regulations require U.S. Government contractors to…

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UK Government White Paper Sets Out Principles and Objectives For Exiting the EU

In White Paper Sets Out UK Government’s Brexit Strategy, Pillsbury partners Tim Wright and Sam Pearse discuss the United Kingdom Government’s recent publication of a White Paper titled The United Kingdom’s exit from and new partnership with the European Union that sets out its Principles and Objectives for exiting the EU.…

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What to expect in the UK in the company year from recent employment law developments

In Review of UK Employment Law: Key Issues to Monitor in 2017, Pillsbury attorneys discusses a number of developments in 2016 that will have a significant impact on United Kingdom employment law and looks at what employers in the UK may expect in the coming year. Photo:  Moyan Brenn, UK umbrella in London, Piccadilly…

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UK Parliamentary Joint Committee Investigating Ability To Protect Against Human Rights Abuses

Today, Pillsbury partner Tim Wright published his client alert encouraging retailers to be vigilant in preventing human rights abuses in their supply chains whilst complying with their legal obligations. Tim’s alert is in response to the UK’s Parliamentary Joint Committee on Human Rights investigating human rights and businesses to determine…

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8th Circuit: A Spill or Release of Natural Gas Condensate Can Be Subject to an Insurance Policy’s Pollution Exclusion

On January 31, the U.S. Court of Appeals for the Eighth Circuit held that, under the terms of a commercial general liability insurance policy, natural gas condensate, a valuable commercial product, once released, is a pollutant that triggers the policy’s “pollutant exclusion.” The case is Hiland Partners GP Holdings, LLC, et al.,…

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IN’s Vapor Pens and E-Liquid Act Violates the Commerce Clause Because of Its Extraterritorial Reach

On January 30, the U.S. Court of Appeals for the Seventh Circuit held that the extraterritorial effects of Indiana’s Vapor Pens and E-Liquid Act, Ind. Code §§ 7.1-7-1-1 et seq., violated the dormant Commerce Clause of the U.S. Constitution. In 2015 the State of Indiana en-acted the Act “to regulate the…