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Gravel2Gavel Construction Law Blog Blog

Articles: 1-10 of 617

Fourth Circuit Rejects “Construction Submission” Theory in Case Against West Virginia

USA - June 21 2018 On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West…

Ninth Circuit Decision Enforcing Indian Treaty Fishing Rights Affirmed by an Equally Divided Supreme Court

USA - June 13 2018 On May 19, 2017, the Ninth Circuit, United States v. Washington, affirmed the District Court’s ruling that the State of Washington, in building and…

Court of Federal Claims Confirms that EPA Was Responsible for “Taking” Steel Making Byproduct Purchased by a Private Party

USA - June 13 2018 On May 18, the U.S. Court of Federal Claims decided the case of Gadsden Indus. Park, LLC v. U.S., ruling that the Environmental Protection Agency…

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

USA - June 13 2018 On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the…

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

USA - June 11 2018 Today, the U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of…

Ninth Circuit Rejects “Omission Theory” for Challenges to Product Labels

USA - June 11 2018 On June 4, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Hodsdon v. Mars, Inc., and affirmed the District Court’s…

State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

USA - June 8 2018 On June 1, the U.S. Court of Appeals for the Fifth Circuit decided the case of State of Texas v. U.S., et al. The Court of Appeals held that the…

141-Page Environmental Report was Legally Sufficient for Small Scale Project

USA - June 8 2018 On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of…

“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

USA - June 8 2018 On June 1, the U.S. Court of Appeals for the First Circuit decided the case of Potvin v. Speedway, Inc., a personal injury case subject to the laws of…

Seventh Circuit Confirms District Court Doesn’t Have Jurisdiction

USA - June 8 2018 On June 4, the U.S. Court of Appeals for the Seventh Circuit decided the case of John Crane, Inc., v. Shein Law Center, LTD and Benjamin Shein, et al…