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Gravel2Gavel Construction & Real Estate Law Blog

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Recent Trends Warrant Review of Strategic Plans For Overseas Investments

Today, our colleagues Jenny Sheng and Julian Zou published a client alert discussing China’s recent restrictions on outbound investments by Chinese companies in certain industries. Among other things, they encourage Chinese firms and foreign investors engaged in overseas investments to be aware of these new trends and to prepare to adjust…

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Potential And Contingent Penalties Are Not Obligations Under The False Claims Act

On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth Circuit held that “potential or contingent penalties” are not obligations under the…

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Criminal Indictment Precluded After Loss In Civil Action

On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court’s decision dismissing the federal government’s civil claim that the defendants were at fault in connection with a spill of clarified slurry oil had preclusive effect upon the government’s later-filed criminal…

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Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act (S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is entitled, “Water Resources Development.” Section 1104 provides that the Secretary of the Army (Secretary)…

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10th Circuit: NM Laws Purporting To Authorize “Self-Help” Preempted

On December 8, the U.S. Court of Appeals for the Tenth Circuit decided the case of United States v. Board of County Commissioners of Otero County, New Mexico. The Tenth Circuit held that a New Mexico statute and resolution adopted by the Otero County Board of County Commissioners (Board) which purported…

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Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage when damage is the result of multiple events—so long as at least one of them is a covered…

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9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government defendants following a painstaking review of the National Environmental Policy Act (NEPA) arguments lodged by Japanese Village,…

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EPA’s List of Chemicals Subject to Risk Assessment Continues

Today, our colleagues Kevin Ashe and Rebecca Lee published an alert on the Environmental Protection Agency’s recent listing of certain chemicals as subject to review for risks to human health and to the environment.  EPA’s actions follow recent amendments to the Toxic Substances Control Act requiring it to timely complete risk assessments for chemicals…

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Ninth Circuit Rules Surface Transportation Board Has Exclusive Jurisdiction Over Certain Railroad Repair Work

On November 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling that the Surface Transportation Board has exclusive jurisdiction over “railroad repair work done at the direction of a federally regulated rail carrier but performed by a contractor rather than the carrier itself.”  The…

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Cal CSLB Registrar of Contractors and Chief Deputy Registrar Announce Pending Retirement

On November 29, the California Contractors State License Board (CSLB) issued an Industry Bulletin via email announcing that Cindi A. Christenson, the CSLB’s current Registrar of Contractors, will be retiring effective May 1, 2017.  Christenson, the CSLB’s first female Registrar, was appointed to this position on January 1, 2015.  Prior…