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Subway Wins Latest Round Of 15-Year Construction Litigation Saga

Client Alert | 1 min read | 12.15.05

After 15 years of litigation, two trials and the deaths of two judges, Chief Judge Hogan of the U.S. District Court in D.C. wrote the latest chapter in the subway litigation saga, Mergentime-Perini v. WMATA (11/28/05), issuing a 192-page opinion upholding the default terminations of contracts for two Washington Metro subway stations, denying virtually all of the contractors' claims and awarding WMATA over $21 million in excess reprocurement costs and other damages, plus prejudgment interest. Crowell & Moring has represented WMATA in this protracted litigation, which has already established precedent on such issues as whether performance bonds cover allegedly unauthorized contract modifications and the duties of successor judges who take over an uncompleted case after trial.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....