Construction Civil Procedure Constitutional Law

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Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

U.S. Supreme Court Decision On Land-Use Exactions Impacts Developers, Government

If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more

California Supreme Court to Review Inclusionary Housing Requirements

On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more

Mississippi's "Stop Notice" Statute Ruled Facially Unconstitutional Deprivation of Property

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more

5th Circuit: Mississippi's Stop-Notice Statute Is Unconstitutional

In Noatex Corp v. King Construction of Houston, LLC, Case No. 12-60385 (5th Cir. Oct. 10, 2013), the Fifth Circuit Court of Appeals issued its long-awaited ruling on the constitutionality of Mississippi's Stop-Notice statute,...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

Court of Appeal Upholds San Jose Inclusionary Housing Ordinance as Legitimate Exercise of Local Police Power

In a recent decision, California's Sixth District Court of Appeal reversed a trial court order and upheld the City of San Jose's Inclusionary Housing Ordinance as a legitimate exercise of the local police power. California...more

Voir Dire: Hunt for the Fox

Thomas Fuller, a 17th Century English historian and clergyman, once said “a fox should not be on the jury at a goose’s trial.” This quote sums up the importance of voir dire and why preparing for it is critical to success at...more

Rogers Towers: Florida’s Statute of Repose – Safely Afloat In Troubled Waters - U.S. Supreme Court Declines Review of Minnesota...

On May 29, 2012, the Supreme Court of the United States denied certiorari in one of the most interesting, albeit troubling, construction-related cases to make national headlines since United States v. Spearin, 248 U.S. 132...more

Who Knew that Mary Carter was Involved in Construction Law?

A Mary Carter agreement is a settlement agreement between a plaintiff and defendant in which the defendant remains an active party to the litigation and the claim also proceeds against other parties. The Courts have always...more

Citadel Group Limited v. Washington Regional Medical Center

Seventh Circuit Opinion regarding personal jurisdiction

2008 Seventh Circuit Opinion regarding personal jurisdiction....more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Opinion of the Connecticut Supreme Court

This opinion of the Connecticut Supreme Court arises out of an action by a contractor to compel the State of Connecticut Department of Public Works to pay sums certified by the Governor to be paid pursuant to C.G.S. 3-7. The...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff-Appellee's Brief to the Connecticut Supreme Court

This is a brief by the Plaintiff-Appellee contractor in an mandamus action to compel the State of Connecticut Department of Public Works to pay the plaintiff sums certified by the Governor to be paid pursuant to C.G.S. 3-7....more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Cross Motions for Summary Judgment

This is the decision of the trial court denying the state defendants' motion for summary judgment and granting the plaintiff contractor's motion for summary judgment in a mandamus action to compel the state to pay sums...more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Defendants' Motion to Compel Compliance with their First Set of Discovery Requests

This is the court's ruling denying the defendants' motion to compel the plaintiff to produce documents and information about plaintiff's dealings with the state outside of the contract at issue in the litigation. The court...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff's Memorandum in Opposition to Motion to Strike

This is the plaintiff-contractor's memorandum of law in opposition to motion to strike a complaint seeking an order of mandamus to compel the State of Connecticut Department of Public Works to pay the plaintiff sums certified...more

C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Defendants' Motion to Dismiss

This is the court's decision denying the state defendants' motion to dismiss a mandamus action filed by a contractor to compel the state to pay the defendant sums certified by the governor to be paid pursuant to C.G.S. 3-7. ...more

C.R. Klewin Northeast, LLC v. James T. Flemming

Plaintiff's Objection to Motion to Dismiss

This is an opposition to a motion to dismiss filed in a mandamus action by a contractor to compel the State of Connecticut Department of Public Works to pay the plaintiff the sums certified by the Governor to be paid pursuant...more

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