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Gravel2Gavel Construction & Real Estate Law Blog

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Because of Coronavirus-Related Market Turmoil, Court Finds UCC Foreclosure “Commercially Unreasonable”

A recent court decision in New York found that current market conditions in the real estate market justify delaying noticing mezzanine real estate foreclosures until October 15, 2020. In “Distressed Real Estate During COVID-19: Court Finds UCC Foreclosure “Commercially Unreasonable” Because of Coronavirus-Related Market Turmoil“, colleagues Caroline A. Harcourt, Patrick E.…

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A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking

Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court denied a motion to lift the stay entered by the Court a…

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Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside

As the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining with…

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DC’s $100 Million Grant Program Seeks to Help Businesses Where People Gather

District of Columbia enacts legislation to provide up to $100 million in grants to eligible businesses for up to 15% of revenue lost due to COVID-19 during the quarter ending June 2020. Landlords can receive grants to partially support their help to eligible tenant businesses. In “District of Columbia Enacts…

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The Energy and Environmental Policy Statements Set Forth in the Biden-Sanders Unity Task Force Paper

As one would expect, the 110-page document released by the Biden campaign of policy recommendations reached by its joint task forces with supporters of Sen. Bernie Sanders includes  a number of energy and environmental policy statements. The paper begins with the statement that “climate change is a global emergency,” and…

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COVID-19 Workplace Safety Mandates Adopted By Virginia

Virginia adopted an emergency temporary standard, the first in the nation, that requires business owners to comply with minimum workplace safety standards to prevent and mitigate the spread of COVID-19. The regulations are expected to take effect the week of July 27 and will stay in effect for six months,…

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Construction during a Pandemic – Pillsbury’s 50-State Survey of COVID-19 Impact on Construction Services (UPDATED)

Pillsbury continues to track the impact on construction projects of COVID-19-related orders and guidance in all 50 states and the District of Columbia as well as guidance from CISA and OSHA. We are updating our chart weekly. Click here for the latest COVID-19 Construction Chart. July 27 update – Now updated…

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A Court-Side Seat: O Little Landfill of Bethlehem, Nothing Fishy at the Aquarium and the Downside of Living Downwind

Our latest look at the judiciary is focused mainly on the federal appeals system, with a side of regulatory development thrown in for good measure. The U.S. Court of Appeals for the Third Circuit—Baptiste et al. v. Bethlehem Landfill Company In this case, decided on July 13, 2020, the plaintiffs,…

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Causation in the Context of Force Majeure and COVID-19

In most states, the force majeure event must have proximately caused the delay or deficiency in performance. In Tour de Force: When Is COVID-19 the Cause of Nonperformance?, colleagues  Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Stephanie S. Gomez, Colin Davis, and Eugenie Dubin discus how causation considerations may impact force…

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Virginia First to Adopt COVID-19 Workplace Safety Mandates

Virginia has adopted statewide emergency workplace safety standards, the first in the nation, to prevent and mitigate the spread of COVID-19.  In client alert “Virginia Adopts First COVID-19 Workplace Safety Mandates“, colleagues Mario F. Dottori, Julia E. Judish, Sarah Konnerth and Kristina Sgambati discuss the Coronavirus-related workplace safety mandates adopted by…