Latest Case: US f/u/b of Modern Mosaic, Ltd v. Turner Construction Co. (Construction Law)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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US f/u/b of Modern Mosaic, Ltd v. Turner Construction Co.

Docket: 18-1703

Opinion Date: December 26, 2019

Judge: Quattlebaum

Areas of Law: Construction Law, Contracts

Modern filed suit against Turner, alleging claims arising from a subcontract outlining Modern's role in the construction of an FBI facility. The Fourth Circuit held that the district court properly applied West Virginia's law and rejected all of Modern's claims based on the plain language of the contract. In this case, the district court granted Turner summary judgment on the field verification claim, and subsequently ruled in favor of Turner on the remaining claims. The court held that Modern and Turner were two sophisticated parties that entered into a detailed contract spelling out their rights and responsibilities in the construction of the FBI facility, and the provisions of that contract directly addressed the very issues raised in this appeal. Furthermore, the provisions of the contract compelled the result reached by the district court. Accordingly, the court affirmed the judgment.