U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment
June 15, 2026 —
Jennifer Kretschmann & Jennifer E. Michel - Lewis BrisboisThe U.S. Supreme Court has issued a unanimous decision allowing oil and gas companies to move Louisiana coastal erosion lawsuits from state court to federal court under the federal officer removal statute. While the ruling is procedural, it carries significant implications for environmental- and energy-related risks. The case,
Chevron U.S.A. Inc. v. Plaquemines Parish, Louisiana, Slip Op. 24-813 (April 17, 2026), addressed a threshold jurisdictional question but has broader significance for environmental and climate related litigation. State courts are often viewed as more favorable forums for plaintiffs asserting environmental damage claims, particularly those brought by governmental entities.
The opinion issued on April 17, 2026 is the latest development in long-running Louisiana coastal litigation that began more than a decade ago. Starting in 2013, Louisiana parishes filed 42 lawsuits against oil and gas companies alleging environmental damage related to historic oil field operations. The parishes alleged that oil and gas companies violated state coastal management laws by failing to properly restore impacted areas. Chevron sought to remove the cases from state court under 28 U.S.C. § 1442(a)(1), known as federal officer removal, which provides federal jurisdiction over “any person acting under [an] officer” of the United States "for or relating to any act under color of such office." The Fifth Circuit rejected the argument and remanded the case, and others like it, to state court. Trial began in March 2025 in Point à la Hache, Louisiana. On April 4, 2025, the jury awarded a total of $745 million to compensate for land loss, contamination and abandoned equipment. On June 16, 2025, the U.S. Supreme Court agreed to review the question of whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract.
Reprinted courtesy of
Jennifer Kretschmann, Lewis Brisbois and
Jennifer E. Michel, Lewis Brisbois
Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com
Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com
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White and Williams LLP Secures Trio of Cyber Coverage Wins
May 12, 2026 —
Gabriel Darwick & Sean Elman - White and Williams LLPThree weeks, three jurisdictions, three cyber wins.
White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit.
Reprinted courtesy of
Gabriel Darwick, White and Williams LLP and
Sean Elman, White and Williams LLP
Mr. Darwick may be contacted at darwickg@whiteandwilliams.com
Mr. Elman may be contacted at elmans@whiteandwilliams.com
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Suit Limitation Provision Eliminates Wind Loss Claim
July 27, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026).
On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities
April 27, 2026 —
Laura De Santos & Monica Prieto - Gordon Rees Scully MansukhaniOn March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO).
While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages.
The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs.
Read the full story...Reprinted courtesy of
Laura De Santos, Gordon Rees Scully MansukhaniMs. De Santos may be contacted at
ldesantos@grsm.com
Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)
May 05, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaRecently, I was asked by a reader to explain the difference between a document that is
‘sealed’ by an engineer (or architect) and one that is
signed ‘under seal’. This question prompted this post, as others may also be wondering about the distinction. [Hi Ed! Thanks for your question]
Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects). As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control. Your signature represents that you were in
responsible control over the documents, and that they have met the required professional standard of care. (21 NC Admin Code 2-0206 (a)(11)).
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act.
Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie.
Read the full story...Reprinted courtesy of
Nicholas D. Cowie, Cowie Law GroupMr. Cowie may be contacted at
ndc@cowielawgroup.com
New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040
April 20, 2026 —
PCL ConstructionDenver, Colo., April 16, 2026 (GLOBE NEWSWIRE) -- A new industry report outlines five practical steps that, when implemented together, could reduce construction jobsite emissions by up to 75% without compromising cost, schedule or performance. Grounded in real operational data from 617 construction projects across the U.S. and Canada, Growing and Greening Canadian Construction represents the most comprehensive sector-wide analysis of jobsite emissions conducted to date.
The report was developed through a collaboration among leading general contractors, including
PCL Construction, in partnership with the Transition Accelerator, an organization that drives projects, partnerships, and strategies to promote economic competitiveness in a carbon‑neutral world. The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry.
About PCL Construction
PCL is a group of independent construction companies that operates throughout the United States, Canada, the Caribbean and Australia. As one of the largest contracting organizations in North America, PCL completes more than $9.9 billion USD in work annually, building projects that shape communities. The company’s 100% employee ownership model fuels a culture of commitment for clients in the buildings, civil infrastructure, heavy industrial and solar markets. With a strategic presence in more than 30 major centers, PCL’s leadership teams consistently drive innovation and set new benchmarks for excellence, bringing unparalleled skill to every project. Watch us build at PCL.com.
About the Transition Accelerator
The Transition Accelerator works with 300+ partner organizations across Canada to build out pathways to a prosperous low-carbon economy and avoid costly dead-ends along the way. We help governments and industry harness the global shift towards clean growth to secure permanent jobs, abundant energy, and strong regional economies across the country. By connecting systems-level thinking with real-world analysis, we’re enabling a more affordable, competitive, and resilient future.
Strategic Communication Considerations for Contractors Regarding COVID-19New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in ConstructionGoing Digital in 2019: The Latest Technology for a Bright Future in ConstructionSupreme Court Rejects “Wholly Groundless” Exception to Question of ArbitrabilityCrime Lab Beset by Ventilation IssuesArchitect Named Grand Custom Home Winner for Triangular DesignRooftop Owners Sue Cubs Consultant for Alleged False StatementsNew Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an ActionTenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against ContractorsNew Defendant Added to Morrison Bridge Decking LawsuitSafe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas EmissionsRhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction ContractSubcontractors Aren’t HelplessNYC Billionaires’ Row Tower Could Need $160M Fix Amid CrackingJoint Venture Dispute Over ProfitsDesigning a Fair Standard of Care in Design AgreementsConstruction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members Three Reasons Late Payments Persist in the Construction IndustryNLRB Hits Unions with One-Two Punch the Week Before Labor DayDoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?There Is No Sympathy If You Fail to Read Closely the Final Negotiated Construction ContractThe Rise of Modular Construction – Impacts for ConsiderationTenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado LawBill Seeks to Protect Legitimate ContractorsHalliburton to Pay $1.1 Billion to Settle Spill LawsuitsToll Brothers Climbs After Builder Reports Higher SalesNew Law Raises Standard for Defense Experts as to Medical CausationWisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property DamageCalifornia Court of Appeal Clarifies Intent of Faulty Workmanship ExclusionsLightstone Committing $2 Billion to Hotel ProjectsWhere Do We Go From Here?HOA Has No Claim to Extend Statute of Limitations in Construction Defect CaseNew York State Legislature Passes Legislation Expanding Wrongful Death LitigationRevisiting the CMO; Are We Overusing the Mediation Privilege?Insurer Must Cover Portions of Arbitration AwardThree Attorneys Named Among The Best Lawyers in America 2018Report to Congress Calls for Framework to Cut Post-Quake Recovery TimeBroker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood CoverageFairness is Relative. Workers Compensation and the Dreaded Section 7031Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement ClaimsNYC Design Firm Executives Plead Guilty in Pay-to-Play SchemeNew York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption ClaimsGRSM Attorneys Recognized in The Best Lawyers in America® 2026Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy PetitionMid-Session Overview of Colorado’s 2017 Construction Defect Legislation Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development PlanRetrofitting Buildings Is the Unsexy Climate Fix the World NeedsPushing the Edge: Crews Carve Dam Out of Remote Turkish MountainsConcrete Worker Wins Lawsuit and Settles with Other DefendantNot a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors Did You Know: Unique Legal Considerations for Animal Care FacilitiesParking Garage Collapse May Be Due to Construction DefectMedical Center Builder Sues Contracting Agent, Citing Costly DelaysContract Change #9: Owner’s Right to Carry Out the Work (law note)Understanding Liability Insurer’s Two Duties: To Defend and to IndemnifyAB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021Buffalo-Area Roof Collapses Threaten Lives, Businesses After Historic SnowfallAGC’s 2024 Construction Outlook. Infrastructure is Bright but Office-Geddon is NotIn Appellate Division First, New York Appellate Team Successfully Invokes “Party Finality” Doctrine to Obtain Dismissal of Appeal for Commercial GuarantorsEPC Contractors Procuring from Foreign Companies need to Reconsider their ContractsColorado Homes Approved Despite being Too Close TogetherTake Advantage of AI and Data Intelligence in ConstructionOrange County Team Obtains Unanimous Defense Verdict in Case Involving Failed Real Estate TransactionNYC’s Developers Plow Ahead With Ambitious Plans to Reshape CityKahana Feld Partner Eran Forster Obtains a Motion for Summary JudgmentUse It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real PropertyTodd Ehrenreich Joins International Academy of Trial Lawyers 
