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Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019)

The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment on its breach of contract claim against the owner (the “Owner”) of a construction project in New Orleans (the “Project”) where the primary issue involved whether a suspensive condition was enforceable.
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Continue Reading Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019)

Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline.  A portion of pipeline crossed land for which Ohio Valley Coal Company (“OVC”) and Consolidated Land Company (“Consolidated”) held interest rights in the underlying coal.  Columbia undertook measures to protect its pipeline from subsidence damage that OVC’s subterranean coal mining was certain to cause.  An Ohio appellate court held that OVC and Consolidated were liable to Columbia for those preventative measures.
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Continue Reading Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against Subsidence Damages