COLUMBUS, Ohio (AP) — A fight broke out at midfield after Michigan stunned No. 2 Ohio State 13-10 on Saturday as Wolverines players attempted to plant their flag and were met by Buckeyes who confronted them. Police had to use pepper spray to break up the players, who threw punches and shoves in the melee that overshadowed the rivalry game. Javascript is required for you to be able to read premium content. Please enable it in your browser settings.A Chinese film set during the Covid-19 pandemic won the top prizes in Taiwan's prestigious Golden Horse Awards, which saw the highest number of entries from China in recent years despite political tensions. Beijing banned its entertainers from joining Golden Horse -- dubbed the Chinese-language "Oscars" -- in 2019 after a Taiwanese director voiced support for the island's independence in an acceptance speech in 2018. China claims Taiwan as part of its territory, which the Taipei government rejects, and Chinese A-listers and big commercial productions have largely avoided the event ever since. Despite the sensitivity of the awards, more than 200 Chinese films entered this year's competition, which Taiwan's Mainland Affairs Council (MAC) said was the highest number in "recent years". Acclaimed Chinese filmmaker Lou Ye was awarded best director late Saturday night for his docu-drama "An Unfinished Film", which was also named best picture. Lou was absent from the ceremony but his wife Ma Yingli read his acceptance speech, describing the film set during China's lockdown of Wuhan in the earliest stages of the pandemic as "the most special directing job I have ever done". Chinese actor Zhang Zhiyong, who also did not attend the awards, won best actor for his performance in Chinese director Geng Jun's same-sex drama "Bel Ami". Hong Kong's Chung Suet-ying was named best actress for her role in "The Way We Talk", which is about the deaf community. Neither "Bel Ami" nor "An Unfinished Film" has been released in China. Ahead of the awards, MAC spokesman Liang Wen-chieh told reporters that these films "may not be able to be screened in mainland China, but they still hope to have a free platform to participate and express themselves". "We welcome (them) very much," he said. After several years absence, Chinese stars began trickling back to the awards in Taipei last year, with actress Hu Ling the first to grace the red carpet since the ban. On Saturday, Geng Jun and some of his cast were among the few Chinese entertainers to join stars and filmmakers from around the region, including Taiwan, Hong Kong, Singapore and Japan, on the red carpet. While Geng missed out on best director and best picture, his film "Bel Ami" won the awards for best cinematography and best film editing. Despite political tensions, Golden Horse remained a stage for independent Chinese films that have no distribution space on the mainland, Taiwanese film critic Wonder Weng told AFP. "This spirit remains unchanged. I think the Golden Horse Awards have always insisted on being the benchmark" that is open to all subjects, said Weng, who is a board member of Taiwan Film Critics Society. Weng said "An Unfinished Film" by Lou, who has previously taken on forbidden subjects such as gay sex and the 1989 Tiananmen protests, was "a work of conscience". Lou's latest offering is about a film crew trying to resume shooting a movie during the Covid-19 pandemic in Wuhan, as the city was placed in an unprecedented lockdown. "Lou put images that are banned or blocked into his work and reminds us that there is a director who is willing to preserve historical images for us to see... and let us know there is a different voice," Weng said. aw/amj/dhc
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Dutton promises teen ban won’t mean people need passports to log onA Chinese film set during the Covid-19 pandemic won the top prizes in Taiwan's prestigious Golden Horse Awards, which saw the highest number of entries from China in recent years despite political tensions. Beijing banned its entertainers from joining Golden Horse -- dubbed the Chinese-language "Oscars" -- in 2019 after a Taiwanese director voiced support for the island's independence in an acceptance speech in 2018. Javascript is required for you to be able to read premium content. Please enable it in your browser settings.
A wild first season of the expanded Big 12 is down to what should be a chaotic final weekend. Through all the upsets, unexpected rises and falls, there are nine teams still in the mix to play in the conference championship game. No. 14 Arizona State and No. 17 Iowa State have the best odds, yet a multitude of scenarios could play out — 256 to be exact. There's even the possibility of an eight-team tie. It may take a mathematician to figure out which teams are in the Dec. 7 game in Arlington, Texas — even for the ones who win. Travis Hunter, Colorado. The Buffaloes' two-way star has excelled on both sides of the field, making him one of the favorites to win the Heisman Trophy. Cam Skattebo, Arizona State. The senior running back can do a little of everything, but excels at punishing would-be tacklers. He's one of the nation's leaders in yards after contact and the focal point of the Sun Devils' offense. Shadeur Sanders, Colorado. If it weren't for Hunter, Sanders might be the Heisman favorite. The son of coach Deion Sanders, Shedeur is fifth nationally with 3,488 yards passing and has been a big part of the Buffaloes' turnaround. DJ Giddens, Kansas State. The Wildcats' running back is one of the nation's most versatile players. He is ninth nationally with 1,271 rushing yards and has added 21 receptions for 258 yards. Tetairoa McMillan, Arizona. The Wildcats have struggled this season, but McMillan has not. He is third nationally with 1,251 receiving yards with seven touchdowns on 78 catches. Jacob Rodriguez, Texas Tech. The Red Raiders' junior linebacker leads the Big 12 with 68 tackles, averaging 10.2 per game. He also has four sacks. Brendan Mott, Kansas State. He's a menace to opposing quarterbacks, leading the Big 12 with 8 1/2 sacks. The Big 12 has nine teams already bowl eligible and two more a win away. The winner of the Big 12 championship game will be in the mix for a College Football Playoff spot. Arizona State, Iowa State, No. 19 BYU, Colorado, Kansas State, Baylor, TCU, Texas Tech and West Virginia have already clinched bowl berths. Kansas and Cincinnati can get into the postseason with wins this weekend. Gus Malzahn, UCF. Despite successes in recruiting, the Knights are 10-14 in two seasons since moving to the Big 12. Maybe not enough to get shown the door this year, but another mediocre season could lead UCF to make a change. Kyle Whittingham, Utah. Whittingham was one of the Pac-12's best coaches, leading the Utes to consecutive conference titles. Utah was expected to contend for the Big 12 title its first year in the league, but enters the final weekend 1-7 in conference play, which could push Whittingham toward retirement since it's doubtful he'd be fired. Neal Brown, West Virginia. The Mountaineers' coach was in a precarious spot at the end of last season and West Virginia hasn't lived up to expectations this season. The Mountaineers are eligible to go to a bowl game for the second straight season, but Brown could be on the hot seat even after signing a contract extension before the season. Josiah Trotter, West Virginia. The redshirt freshman is the latest Trotter to have success at the linebacker position, following the footsteps of his father, former Philadelphia Eagles player Jeremiah Trotter, and brother Jeremiah Trotter Jr., a current Eagles linebacker. Sam Leavitt, Arizona State. The Michigan State transfer has been just what the Sun Devils' needed: an agile quarterback who extends plays with his legs and rarely makes bad decisions. Bryson Washington, Baylor. The Bears' running back has rushed for 812 yards — 196 against TCU — and 10 TDs. TCU has the Big 12's highest rated 2025 recruiting class with six four-star players among 26 commitments, according to the 247 Sports composite. Receiver Terry Shelton of Carrollton, Texas, is the highest-rated recruit at 71st nationally. Baylor is next with five five-star players among its 20 commitments, including running back Michael Turner, rated 13th at his position out of North Richland Hills, Texas. Texas Tech is ranked seventh in the Big 12, but has four four-star recruits. Get local news delivered to your inbox!
FIUGGI, Italy (AP) — Foreign ministers from leading industrialized countries threw their strong support Tuesday behind an immediate ceasefire between Israel and the Lebanese militant group Hezbollah but sidestepped the question of whether to enforce an international arrest warrant for Israel’s leader over the war in Gaza. In their final communique, the Group of Seven ministers demanded Israel “facilitate full, rapid, safe and unhindered humanitarian assistance in all its forms” to Palestinians in Gaza, warning that its yearlong assault had led to unprecedented food insecurity. But they didn’t refer explicitly to the Hague-based International Criminal Court and its arrest warrants on charges of crimes against humanity for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant. The warrants said there was reason to believe Netanyahu and Gallant have used “starvation as a method of warfare” by restricting humanitarian aid and have intentionally targeted Palestinian civilians in Israel’s war with Hamas in Gaza — charges Israeli officials deny. Italy had put the ICC warrants on the official G7 meeting agenda, even though members were split on the issue and the right-wing government of Premier Giorgia Meloni, a strong supporter of Israel, said they were politically motivated. The U.S., Israel’s closest ally, isn’t a member of the court and has called the warrants “outrageous.” All the other G7 countries are signatories and are obliged to respect and implement the court’s decisions. The final statement adopted by the ministers said Israel must uphold its international humanitarian obligations. And it said all G7 members — Canada, France, Germany, Italy, Japan, the United Kingdom and the United States — “reiterate our commitment to international humanitarian law and will comply with our respective obligations.” Pressed on whether Italy would arrest Netanyahu if he stepped foot on Italian soil, Foreign Minister Antonio Tajani said he believed the warrants were “unenforceable” since Netanyahu is a sitting head of a government that isn’t a member of the court. When asked if that same logic applies to Russian President Vladimir Putin, who is also the subject of an ICC warrant, Tajani said the situations were different. “You have to be very pragmatic because when something in theory isn’t applicable, it runs the risk of being just a political message.” The G7 meeting of foreign ministers, the last of the Biden administration, was dominated by the wars in Gaza and Lebanon. Ministers were heartened by indications that a ceasefire might soon be announced between Israel and Hezbollah. U.S. Secretary of State Antony Blinken said a deal would also improve prospects for a ceasefire in Gaza. “Because one of the things that Hamas has sought from Day One is to get others in on the fight to create multiple fronts, to make sure that Israel is having to fight in a whole series of different places,” he said. “And as long as it’s thought that that was possible, that’s one of the reasons it’s held back from doing what’s necessary to end the conflict. Now, it seems that the cavalry is not on the way. That may incentivize it to do what it needs to do to end this conflict.” The G7 ministers were joined by the foreign ministers of the “Arab Quintet” — Saudi Arabia, Jordan, Egypt, Qatar and the United Arab Emirates. The EU’s top diplomat, Josep Borrell, said Tuesday there were “no excuses” for Israel to refuse to accept a ceasefire , saying all its security concerns had been addressed in the U.S.-French-brokered deal. Borrell said under the proposed agreement, the U.S. would chair a ceasefire implementation committee, with France participating at Lebanon’s request. The outgoing EU foreign policy chief also called for increased pressure on Israel to not give into extremists in the government who were refusing to accept the deal. Speaking on the sidelines of the G7 meeting, he warned that if a ceasefire is not implemented, “Lebanon will fall apart.” Following the Oct. 7, 2023, Hamas attack in Israel, months of fighting between Israel and the Iranian-backed Hezbollah have erupted into a full-blown war in recent months, with Israel killing Hezbollah’s main leaders and sending ground forces into southern Lebanon. Israeli bombardment has killed more than 3,500 people in Lebanon and wounded more than 15,000, according to the Lebanese Health Ministry. On the Israeli side, about 90 soldiers and nearly 50 civilians have been killed by rockets, drones and missiles in northern Israel and in the fighting on the ground in Lebanon. Borrell, whose term ends Dec. 1, also said he proposed to the G7 and Arab ministers that the U.N. Security Council take up a resolution specifically demanding humanitarian assistance reach Palestinians in Gaza, saying deliveries there have been completely impeded. While the G7 meeting was dominated Monday by the Mideast conflicts, attention turned Tuesday to Ukraine. Ukrainian Foreign Minister Andrii Sybiha briefed the ministers on Russian attacks on Ukraine’s energy infrastructure. In their final statement, the ministers condemned Russia’s use of North Korean troops in Ukraine and its “irresponsible and threatening nuclear rhetoric .” The G7 has been at the forefront of providing military and economic support for Ukraine since Russia’s full-scale invasion in February 2022, and G7 members are concerned about how the incoming Trump administration will change the U.S. approach. U.S. President-elect Donald Trump has criticized the billions of dollars that the Biden administration has poured into Ukraine and has said he could end the war in 24 hours — comments that appear to suggest he would press Ukraine to surrender territory that Russia now occupies. Tensions have heightened since Russia attacked Ukraine last week with an experimental, hypersonic ballistic missile . Russian President Vladimir Putin said the strike was retaliation for Kyiv’s use of U.S. and British longer-range missiles capable of striking deeper into Russian territory. The final G7 communique vowed the group’s continued commitment to Ukraine. “Our support for Ukraine’s territorial integrity, sovereignty and independence will remain unwavering,” the ministers said. Blinken, at his final G7 before the Biden administration leaves office, said he was certain Europe would continue its assistance to Ukraine and that he would do his best in the remaining weeks to do Washington’s part. “What we’re determined to do in the remainder of this administration is to do everything possible to ensure that Ukraine has what it needs to be able ... to fight through 2025 if necessary, or if there’s a negotiation, be able to negotiate from a position of strength,” he said. AP visual journalist Paolo Santalucia contributed.
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BARCELONA, Spain (AP) — Celta Vigo gave 10-man Barcelona a shock by scoring two late goals and snatching a 2-2 draw at home in the Spanish league on Saturday. Barcelona was minutes away from a win to pad its league lead after Raphinha and Lewandowski had put Barcelona in control.WASHINGTON (AP) — President-elect Donald Trump ‘s team still hasn’t signed agreements that are required to formally begin the transition process to the White House — meaning the government can’t provide security clearances and briefings to incoming administration officials and the FBI can’t screen his rush of picks for the Cabinet and other key posts . The importance of strenuous federal background screenings — and the fact that Trump’s team has not been subjecting the president-elect’s selections to such vetting — was evident Thursday, when former Florida Rep. Matt Gaetz withdrew as Trump’s pick for attorney general following continued scrutiny over a federal sex trafficking investigation that cast doubt on whether he could be confirmed by the Senate. The continued delay on agreeing to start the formal transition process may eventually force senators to vote on Trump’s choices without the benefit of the usual background checks. That process is designed to uncover personal problems, criminal histories and other potential red flags that would raise questions about a nominee’s suitability for key jobs. RELATED COVERAGE Trump convinced Republicans to overlook his misconduct. But can he do the same for his nominees? Trump has promised again to release the last JFK files. But experts say don’t expect big revelations Republicans rally around Hegseth, Trump’s Pentagon pick, as Gaetz withdraws for attorney general Beyond the top personnel picks that Trump already has announced, good governance activists and other experts on the transition process have warned for weeks that refusing to sign the transition documents will make it impossible for potentially hundreds of Trump national security appointees to get clearances. And that means the new administration won’t be fully prepared to govern when Trump takes power on Inauguration Day on Jan. 20, 2025. Here’s a look at where things stand and what effect the delay might have: What hasn’t the Trump team signed and why? At issue are memorandums of understanding under which the incoming administration agrees to work with the outgoing one while also submitting requests for name and background checks. The FBI then commits to flagging to the White House any adverse information uncovered during the process. Congressionally mandated ethics disclosures and donor contribution limits are required as part of the agreements needed to begin the transition process. A reluctance to comply with those has been a factor in the Trump team’s hesitance to sign them, according to a person familiar with the process who spoke on condition of anonymity to discuss internal discussions. Is it too late? No. There’s still time for the agreements to be signed. A Justice Department spokesperson said discussions were ongoing with the Trump transition team, which did not respond to a request for comment on Thursday. But transition spokesman Brian Hughes said earlier this month that the team’s “lawyers continue to constructively engage with” lawyers and officials from President Joe Biden ‘s outgoing administration and promised updates “once a decision is made.” In the meantime, Trump’s team has relied on internal campaign aides, allied groups and outside law firms to support its personnel effort. Trump for years has regarded FBI leadership with suspicion — in part because of the Russian election interference investigation that shadowed his first term, and more recently because of FBI investigations into his hoarding of classified documents and his efforts to undo the results of the 2020 election that led to his indictment last year. What effect is this having? During a normal transition period, the new administration uses the time before taking office to begin working to fill 4,000 government positions with political appointees, or people who are specifically tapped for their jobs by Trump’s team. That includes everyone from the secretary of state and other heads of Cabinet departments to those selected to serve part-time on boards and commissions. Around 1,200 of those presidential appointments require Senate confirmation — which should be easier with the Senate shifting to Republican control in January. Trump has moved at record-setting speed to announce his key picks , and Senate GOP leaders say they plan to launch confirmation hearings as soon as the new Congress convenes on Jan. 3 — potentially allowing them to begin voting on nominees as soon as Inauguration Day. But lawmakers also are complaining about what they see as insufficient screening of the picks they’re being asked to consider. Some Senate Republicans have expressed concern about alleged wrongdoing by some Trump selections and two Democratic House members — Don Beyer of Virginia and Ted Lieu of California — introduced a proposal seeking to codify the FBI’s role in the background check process for political appointees of the president. And, while Gaetz is no longer an issue, he’s not the only Trump pick with an eyebrow-raising background. The president-elect’s nominee to be defense secretary, former Fox News personality Pete Hegseth, was accused of sexual assault in 2017 after a speaking appearance at a Republican women’s event in Monterey, California, but was not charged after a police investigation. A police report released Thursday contains graphic details of the sexual assault allegations. The selection of former Democratic Rep. Tulsi Gabbard for director of national intelligence has alarmed some U.S. intelligence analysts. They point to her past criticism of Ukraine, comments supportive of Russia and meetings with Syrian President Bashar Assad, a close ally of Russia and Iran. What effect will this have? Incoming members of Trump’s administration aren’t getting briefings and other information from their outgoing Biden administration counterparts that can help them better prepare for their new jobs. And Trump appointees with positions involving a security clearance won’t be able to begin work without a required background check. Once the president-elect takes office, however, he could simply order that officials be given a security clearance, as he was reported to have done for son-in-law Jared Kushner during his first term. Whether the delay thus far will have any longer-term effects is impossible to yet know. The delayed process may not matter much given that Trump has already served as president and has a much better understanding of how to run an administration than he did in 2016, when he won his first term. But there is precedent for problems. The 9/11 Commission suggested that the disputed election of 2000 — which delayed the start of the transition between outgoing President Bill Clinton and incoming President George W. Bush until December — raised questions about national security gaps from one administration to the other that may have contributed to the U.S. being underprepared for the Sept. 11 attacks the following year. The “36-day delay cut in half the normal transition period,” which constituted a “loss of time that hampered the new administration in identifying, recruiting, clearing and obtaining Senate confirmation of key appointees” the commission’s report stated in 2004. ___MIAMI GARDENS, Fla. (AP) — Dolphins coach Mike McDaniel said he was caught off guard by reports early Tuesday that linebacker Shaq Barrett wants to unretire. The two-time Super Bowl winner signed a one-year deal with the Dolphins in March, then abruptly announced his retirement on social media in July, just days before the start of Miami's training camp. “Just to be candid, obviously there's a reason why you target and sign somebody," McDaniel said Tuesday afternoon. “I was fully caught off guard, or caught by surprise this morning as I found out.” McDaniel indicated the Dolphins have not had any conversations with Barrett recently. Miami holds the 32-year-old’s contractual rights. ESPN first reported the news. “It was kind of news as you guys got it,” McDaniel said. He also said he hasn't had a chance to think about Barrett potentially rejoining the team, and that his immediate focus is on Miami's Thursday night game at Green Bay. “The team is counting on me to think about the Packers,” he said. "I'll get with (GM) Chris (Grier), and we'll work through that. There's a ton of implications that go along with it in terms of team and roster stuff, so we'll work through that as we just got the news today.” Barrett has 400 tackles, 59 sacks, 22 forced fumbles and three interceptions in nine seasons — four with Denver and five with Tampa Bay. He was a second-team All-Pro with the Buccaneers in 2019, with a league-high 19 1/2 sacks. The Dolphins waived veteran safety Marcus Maye on Tuesday and activated rookie safety Patrick McMorris from injured reserve. Maye, who signed with the Dolphins in June, played in 11 games with three starts for Miami this season. He had 30 tackles and a tackle for loss. He could re-sign to the team's practice squad if he clears waivers. Maye previously played for New Orleans, but was cut in a money-saving move in March after two seasons with the Saints. Maye's release made room on the roster for McMorris, who was drafted in the sixth round by Miami in April. He began the season on injured reserve because of a calf injury. AP NFL: https://apnews.com/hub/nfl
It’s been nearly nine years since Bob Cummins Construction filed suit against Bradford Sanitary Authority over an unpaid bill. Since then, there have been two jury trials in McKean County Court, numerous appeals and $3.5 million in attorneys’ fees for the BSA — that, as of now, have been paid by local ratepayers. The lawsuit was filed in 2016. The dispute comes from a rehabilitation project at the wastewater treatment plant. From 2014-15, Cummins Construction was the general contractor for a portion of the rehab project. In December 2015, authority engineer Gannett Fleming certified the project to be substantially complete, with the exception of a few outstanding items. Cummins said they did the work and were owed payment; Sanitary Authority said they withheld payment because the work wasn’t done according to the contract. The local contractor, which has been in business nearly 50 years and employs local people, says this suit seems like a vendetta; they did their jobs and want to be paid. The BSA, the provider of wastewater services to more than 18,000 local residents, says the contractor didn’t follow the contract and should take responsibility for alleged defects. ISSUES The biggest alleged issue was with the sequential batch reactor (SBR) installed by Cummins — one by the second manufacturer, Ashbrook, that was named in the contract specifications — and the Ultraviolet building, where wastewater is treated by exposing it to ultraviolet light. The BSA said the system wasn’t working correctly, with a possibility of moving too much treated water — effluent — to the UV building during the “decant” phase, where water is separated from sludge. Separated water is called decant water. To date in 2024, there is no documentation that such excessive decants have taken place, according to Don Cummins, senior project manager for Cummins Construction. He said both they and Ashbrook offered a free solution to this problem in the form of a plate; it has not been taken by the BSA, which allegedly wants a check valve. It’s important to note, said Nick Cummins, project manager at Cummins, that the state Department of Environmental Protection (DEP) has been “happy with the effluent quality,” with reports on its website indicating such. In 2015, BSA withheld final payment to Cummins and denied some change orders because they believed the company had not followed the contract’s provisions. Don Cummins said there was $260,000 of the unpaid contract balance, plus about $464,000 in unpaid change orders for a total of $724,000 outstanding. There were 120 change orders on the project, most of which were made by BSA’s engineer, Gannett Fleming. “Some were upgrades after the work started, which is not uncommon, and some were needed because of the unknown circumstances that occur on most large rehabilitation projects, which almost always happens,” Cummins said. “This is not uncommon either because as you dig and demolish portions for new construction, things are uncovered that need addressed including obstructions to new work.” From the BSA’s standpoint, Cummins holds the fault here. “Cummins started this lawsuit in 2016 because it refused to accept responsibility for clear defects in the sequencing batch reactors (SBRs), which was new technology central to BSA’s ability to provide effective wastewater treatment for its approximately 6,000 customer connections,” said Steve Disney, executive director of the BSA. It didn’t perform as required, the BSA said, “Cummins, however, denied responsibility from 2016 through the second trial in 2024, even though the Commonwealth Court specifically found in 2020 after the first trial that Cummins was solely responsible for the SBR defects.” Referring to the solution offered by Cummins and Ashbrook, Disney said the jury rejected it. And, he said, it would interfere with the performance of the SBR and possibly cause the plant to be derated by the DEP. FIRST TRIAL The first trial was held in 2019 before Judge Christopher Hauser. Cummins won 12 out of 16 claims for a judgment of $488,243.24. The BSA won one out of 21 claims for $4,945. Hauser’s decision was reversed by the Commonwealth Court and remanded to McKean County Court, where a second trial was eventually scheduled. Cummins explained the Commonwealth Court ruled the construction company was responsible for the alleged effluent problem with the SBR “because we chose the second-named supplier.” The appeals court ruled that the SBR specifications were not a design spec, but a performance spec. “Therefore it is up to the contractor to supply the system that meets the needs.” In other words, Cummins said, this is a change from the traditional way things are done. With this decision, “It is up to the contractor to use his own ingenuity to make the system work properly.” However, Cummins said, they are not designers, they are builders. They didn’t design the systems, they installed what the BSA wanted. MORE LITIGATION In January 2024, before the second trial, the BSA filed suit against engineers Gannett Fleming, but didn’t act on the suit. When questioned later by Hauser about the lack of progress on the suit, BSA’s attorney John Gisleson allegedly said during a status conference that BSA had filed suit against the engineers in case they lost the suit against Cummins. A second jury trial was held in February 2024, again before Hauser. The verdict was 12 of 14 claims for $398,568.94 in favor of Cummins, and 2 of 13 claims for $636,188 in favor of BSA based on the issue with the SBR and Ultraviolet building. “The jury awarded BSA the necessary money to properly correct the defects that Cummins and its contractor Ashbrook created,” Disney said. Regarding the potential repair to the SBR, he added, “BSA also does not consider Cummins to be a responsible and trustworthy contractor based on the jury’s award and the Court’s findings that Cummins failed to comply with the parties’ contract in multiple ways. Throughout the project, Cummins misinterpreted the contract in ways that benefitted Cummins and sought extra compensation at ratepayer expense that Cummins had no right to receive. BSA therefore does not agree to Cummins performing any further work at BSA’s plant. BSA will have another contractor perform the work after Cummins pays what it owes under the verdict.” For the trial, BSA hired an expert to design a “conceptual solution” to the issue. The concept was a “pinch valve” with a price tag of $695,000, but with no design drawing and no bid from a contractor, Don Cummins explained. In 2019, BSA’s engineer designed and bid out the repair they wanted; the low bidder was for $20,000. However, the successful bidder was stopped from doing the repair — the one that would solve the problem at the base of the lawsuit, Cummins alleged. Again, the BSA said it would have another contractor perform a repair after Cummins pays what it owes under the verdict. CURRENT The latest argument in the case is over attorneys’ fees — the Sanitary Authority wants the judge to order Cummins to pay the $3.4 million in fees they’ve incurred throughout the course of the case. This was filed as a 689-page motion for post-trial relief, including exhibits. “Cummins needs to pay BSA’s fees as bound by the contract,” Disney told The Era. This was always part of the contract, the BSA argued. However, Cummins disagreed, alleging the contract would allow the authority to recover fees only if a third party were to sue, not in the case of the contractor filing suit, their motion stated. From Disney’s standpoint: “Cummins’ refusal to follow the contract and its litigation actions caused those fees. BSA did not start the lawsuit and has always wanted the dispute to be resolved. Cummins, however, has repeatedly obstructed those efforts. BSA sought to resolve the dispute years ago through motions filed with the court, but Cummins opposed those efforts and demanded money it had no right to receive while leaving BSA with a defective SBR and a project that still has not closed out due to the SBR deficiencies.” He added that PENNVEST is still holding money payable to BSA because of the SBR defects caused by Cummins. According to the motion opposing the awarding of fees, Cummins disagreed with the BSA on several points, the first of which was that the request came in Sept. 10 when the deadline for such a request to be made was March 25, as was set by Hauser. Anything not filed by the deadline is considered waived. Cummins’ attorneys also argued that the fees for the authority’s attorneys, Morgan Lewis & Bockius of Pittsburgh, were “grossly excessive” at $3.4 million — $910 an hour for a partner, $575 an hour for a senior attorney and $305 an hour for a paralegal. The total was five times the amount of Cummins’ attorney, Eckert Seamans Cherin & Mellott of Pittsburgh. The billing rates were also more than three times that of McKean County attorney Bob Saunders, who also assisted with the case, at $250 an hour. According to the motion, the Pennsylvania Supreme Court must consider the “reasonableness of a party’s requested attorneys’ fees” rather than the billed rate. Senior Judge John Foradora denied the Sanitary Authority’s request for fees on one basis — missing the March deadline by 5 1/2 months. Because the request for fees was not raised in a timely fashion, Foradora didn’t consider the remaining arguments. The BSA filed a notice of appeal to Foradora’s decision, which is currently underway. “If Cummins reimburses those fees to BSA, the litigation ends, at least from BSA’s perspective,” Disney said. “The contract requires Cummins to pay BSA’s fees, and BSA believes it has good grounds to recover them in the current appeal. BSA will seek those fees from Cummins if successful, which should conclude the litigation. “BSA explained its interpretation of the contract from the very beginning of the lawsuit, and that interpretation was upheld by both the Commonwealth Court and the trial court following the second trial,” Disney said. “The lawsuit unfortunately continued far longer than it should have because Cummins refused to comply with the contract and opposed the trial court interpreting the contract.” The case in chief remains on appeal as well.
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