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Weekly Opinion Summaries
Construction Cases

June 4, 2010 Weekly Construction Newsletter
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Table of Contents


  • Miccosukee Tribe of Indians v. Kraus-Anderson Constr. Co.
  • Regal Const. Corp. v. Nat'l. Union Fire Ins. Co.
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U.S. 11th Circuit, June 01, 2010
Miccosukee Tribe of Indians v. Kraus-Anderson Constr. Co., No. 07-13039
In an action by an Indian tribe seeking to enforce a judgment in a breach of contract action against defendant, summary judgment for defendant is reversed where the district court lacked subject matter jurisdiction because: 1) federal common law did not create jurisdiction pursuant to 28 U.S.C. section 1331; and 2) the case was not a challenge regarding the reach of Indian power and subject matter jurisdiction did not exist on that basis. Read more...

New York Court of Appeals, June 03, 2010
Regal Const. Corp. v. Nat'l. Union Fire Ins. Co., No. 109
In an action by an insurer seeking a declaratory judgment that the general contractor on a construction project was not entitled to coverage for injuries sustained by an employee of the subcontractor, judgment for defendants is affirmed where the employee's injuries arose out of the subcontractor's work and thus the contractor was entitled to indemnification under the policy. Read more...

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