Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Sheppard Mullin | Construction & Infrastructure Law Blog
by Marisa Miller, John Yacovelle and Kazim Naqvi
10M ago
On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. The jury later found PacifiCorp liable for $18 million in punitive damages, or one quarter of the compensatory damages that the jury awarded to the 17 plai ..read more
Visit website
Texas Central Wins Authority to Take Land for High-Speed Rail System
Sheppard Mullin | Construction & Infrastructure Law Blog
by Erica Gibbons and Barclay Nicholson
10M ago
Move over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and related entities (collectively “Texas Central”) have eminent domain authority to acquire property for a proposed high-speed rail system between Dallas and Houston.[1] Specifically, the Court held that the corporation qualifies as an “interurban electric railway company” under the Texas Transportation Code. This ruling grants Texas Central the broad condemnation authority ..read more
Visit website
Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition
Sheppard Mullin | Construction & Infrastructure Law Blog
by Carina Novell and David Chidlaw
10M ago
On March 11, 2022, the Department of Labor (“DOL”) proposed reverting the definition of “prevailing wage” under the Davis-Bacon Act to a definition used over 40 years ago. According to the DOL, the proposal is meant to modernize the law and “reflect better the needs of workers in the construction industry and planned federal construction investments.”[1] Brief History Lesson The Davis-Bacon Act was enacted in 1931 and requires the payment of locally prevailing wages and fringe benefits on federal construction contracts. The law applies to workers on contracts in excess of $2,000 entered into b ..read more
Visit website
Executive Order 14042 Survival Guide
Sheppard Mullin | Construction & Infrastructure Law Blog
by Nikole Snyder, Anne Perry, Denise Giraudo, Emily Theriault, Ryan Roberts and Jonathan Aronie
10M ago
On September 9, 2021, the President issued Executive Order 14042, which applies new rules – including vaccination mandates – to Federal contractors and subcontractors. EO 14042 does not include a weekly testing option and is therefore a true vaccination mandate. The rule defines “Federal contractor” very broadly. As a result, the rule likely covers most companies doing business with the Federal Government, including employees of those businesses even if those employees are working from home (e.g., HR, legal, and billing employees who may not be on site). The rule also covers sub ..read more
Visit website
Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible
Sheppard Mullin | Construction & Infrastructure Law Blog
by Keahn Morris, Myles Moran and John Bolesta
10M ago
On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not violate the National Labor Relations Act (“NLRA” or “the Act”).  This decision may come as a disappointment to many employers as the NLRB under the Trump administration had been making efforts to end what many felt was unlawful secondary picketing under the Act. Scabby’s Prior History at the Board At issue in this case is Section 8(b)(4)(ii)(B) of the Act, which makes ..read more
Visit website
Build Me A Building As Fast As You Can
Sheppard Mullin | Construction & Infrastructure Law Blog
by Jennifer Dickson* and Jodi Stein
10M ago
Not your average game of patty-cake! Earlier this week, New York’s  First Department, Appellate Division issued its decision related to 200 Amsterdam,[1] overturning the lower court’s decision which would have required 200 Amsterdam to remove several floors of its building in order to comply with zoning.  The lower court determined that the NYC Zoning Resolution did not permit a developer to utilize a portion of a tax lot to merge with a neighboring zoning lot. Known as the “gerrymandered zoning lot,” the developer of 200 Amsterdam included portions of neighboring tax lots in its zon ..read more
Visit website
Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
Sheppard Mullin | Construction & Infrastructure Law Blog
by Candace Matson
10M ago
Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”).  Cal. Bus. & Prof. Code §7065.  Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to become licensed on behalf of the contractor’s company.  Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties (see, e.g., Cal. Bus. & Prof. Code §§ 7028, 7028 ..read more
Visit website
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Sheppard Mullin | Construction & Infrastructure Law Blog
by Aimee Cook Oleson
10M ago
Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to simply re-use the indemnity language from a prior agreement without considering whether it is a good fit for their current project. This can be a big mistake that may lead to ambiguities and uncertainties if a dispute arises down the road. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. These cla ..read more
Visit website
Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships
Sheppard Mullin | Construction & Infrastructure Law Blog
by John Bolesta, James Hays and Keahn Morris
10M ago
In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act, relying, instead, on individualized adjudications to establish the Board’s legislative policies. However, breaking with that long tradition, the current Board now appears to be on the verge of a formal rulemaking jag for on May 22, the Board released its “Unified Agenda” of anticipated regulatory actions which, in addition to proceeding with rulemaking regarding joint employer standards, announced the Board’s intention to ..read more
Visit website
Texas Central Wins Authority to Take Land for High-Speed Rail System
Sheppard Mullin | Construction & Infrastructure Law Blog
by Barclay Nicholson and Erica Gibbons
1y ago
Move over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and related entities (collectively “Texas Central”) have eminent domain authority to acquire property for a proposed high-speed rail system between Dallas and Houston.[1] Specifically, the Court held that the corporation qualifies as an “interurban electric railway company” under the Texas Transportation Code. This ruling grants Texas Central the broad condemnation authority ..read more
Visit website

Follow Sheppard Mullin | Construction & Infrastructure Law Blog on FeedSpot

Continue with Google
Continue with Apple
OR