TIOGA NORTH DAKOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

July 13, 2026 — Conor G. Bateman & Marsha Cotton - Snell & Wilmer
On March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants. Background: The Prior Rule Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case. Reprinted courtesy of Conor G. Bateman, Snell & Wilmer and Marsha Cotton, Snell & Wilmer Mr. Bateman may be contacted at cbateman@swlaw.com Ms. Cotton may be contacted at mcotton@swlaw.com Read the full story...

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The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

September 08, 2026 — Gail Gudder - Colorado Construction Litigation Blog
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself. Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise. Read the full story...
Reprinted courtesy of Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Gudder may be contacted at gudder@hhmrlaw.com

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Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects

September 21, 2026 — Victor J. Roehm III, Christopher P. Colyer & Sara M. Ajeti - Snell & Wilmer
On August 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction in Renewable Northwest v. Hegseth, Case No. 3:26-cv-01092-IM, ordering the Department of Defense (DoD) to resume processing wind energy project applications under the existing statutory and regulatory framework and staying DoD’s review freeze pending final adjudication on the merits. Background In 2011, Congress created the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) within DoD to review wind energy projects that might affect military operations. When a wind project developer files an application with the Federal Aviation Administration (FAA), the FAA refers it to DoD to determine whether the project poses an “unacceptable risk to the national security.” Reprinted courtesy of Victor J. Roehm III, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sara M. Ajeti, Snell & Wilmer Mr. Roehm may be contacted at vroehm@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Ms. Ajeti may be contacted at sajeti@swlaw.com Read the full story...

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OC Streetcar Project Mediation Sets $50M Payment to Walsh

July 20, 2026 — Richard Korman - Engineering News-Record
Walsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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One Industry, One Goal: Construction Safety Week 2026

May 05, 2026 — Maggie Murphy - Construction Executive
Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment

June 15, 2026 — Jennifer Kretschmann & Jennifer E. Michel - Lewis Brisbois
The 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 Read the full story...

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Tracy Cowan Honored as “Icon” in Missouri Lawyers Media’s First-Ever “Illinois Legal Leaders” Awards

September 15, 2026 — Lewis Brisbois
St. Louis Managing Partner Tracy Cowan has been named an “Icon” by Missouri Lawyers Media in its inaugural “Illinois Legal Leaders” awards program. Mr. Cowan was among 14 people who earned “Icon” status in the awards program. This category honors “senior leaders with 30 years or more of legal practice” and is one of three groups recognized. The other two include “Up & Coming Lawyers,” for attorneys with 10 or fewer years in legal practice, and “Leaders in the Law,” which recognizes members of the bar who have significantly contributed to the practice of law in the state, the local legal community, and the broader community. Read the full story...
Reprinted courtesy of Lewis Brisbois

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IEEPA Tariff Refunds: CBP Launches CAPE Process

April 27, 2026 — David J. Creagan, Guido Antolini, Bruce W. MacLennan & Gary P. Biehn - White and Williams LLP
On April 20, 2026, U.S. Customs and Border Protection (CBP) launched the first phase of the Consolidated Administration and Processing of Entries (CAPE) tool in the Automated Commercial Environment (ACE) portal to administer refunds of duties imposed under the International Emergency Economic Powers Act (IEEPA) through a streamlined electronic filing process. Background In February 2026, the U.S. Supreme Court held that certain tariffs imposed under IEEPA were unlawful. Subsequent proceedings before the U.S. Court of International Trade required CBP to develop a scalable refund process applicable not only to litigants but also to non-plaintiffs. According to CBP and court filings, approximately 330,000 importers paid or deposited an estimated $166 billion in IEEPA duties across more than 53 million entries. In response, CBP developed CAPE as an electronic, consolidated refund mechanism within ACE. Reprinted courtesy of David J. Creagan, White and Williams LLP, Guido Antolini, White and Williams LLP, Bruce W. MacLennan, White and Williams LLP and Gary P. Biehn, White and Williams LLP Mr. Creagan may be contacted at creagand@whiteandwilliams.com Mr. Antolini may be contacted at antolinig@whiteandwilliams.com Mr. MacLennan may be contacted at maclennanb@whiteandwilliams.com Mr. Biehn may be contacted at biehng@whiteandwilliams.com Read the full story...

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