Transportation

  • September 22, 2023

    Ga. City Can't Escape $33M Verdict Over Yale Student's Death

    A Georgia trial court has denied the city of Milton's attempt to avoid a $33 million award over the death of a Yale University student whose car crashed into an ornamental roadside planter, saying the jury's verdict was sufficiently supported by the evidence.

  • September 22, 2023

    Philippines Weighs Arbitration Over South China Sea Dispute

    The government of the Philippines is mulling a return to the Permanent Court of Arbitration after the Philippine Coast Guard logged "extensive" damage to coral reefs in the country's exclusive economic zone in the South China Sea.

  • September 22, 2023

    Objector Says $919M Tesla Pay Suit Settlement 'Fell Short'

    A Tesla shareholder from Illinois has objected to a proposed settlement of a Delaware Chancery Court lawsuit that accuses Tesla directors of pocketing "outrageous" compensation, saying the $735 million deal is unfair in part because it doesn't specify how much each director will pay.

  • September 22, 2023

    JetBlue, American Say Flyers Gave Up Class Action Rights

    American Airlines and JetBlue have urged a New York federal judge to toss consolidated lawsuits alleging the airlines' since-nixed northeast partnership increased fares and diminished flight choices, arguing that flyers signed away their rights to file class action litigation when they bought tickets.

  • September 22, 2023

    Norfolk Southern Loses Fee Bid In CSX Dispute

    A Virginia federal judge has rejected Norfolk Southern Railway Co. and a smaller railroad's request for a total of $14 million in attorney fees after defeating antitrust claims lodged by rival CSX Transportation Inc., ruling that Norfolk Southern failed to prove it was entitled to reimbursement.

  • September 22, 2023

    PE Adviser To Pay $1.6M To Settle SEC Conflict Allegations

    A California-based private equity fund adviser that focuses on infrastructure investments agreed Friday to pay more than $1.6 million to settle claims from the U.S. Securities and Exchange Commission that it effectively carried out an undisclosed loan to a fund advised by an affiliated adviser, among other things.

  • September 22, 2023

    NYC Tour Lines Look To Toss Rival's Antitrust Case

    A group of New York City tour bus operators has asked a federal judge to throw out a rival's most recent antitrust case accusing them of working to block it from key partnerships with city attractions, arguing that the competitor still hasn't plausibly claimed a restraint of trade.

  • September 22, 2023

    Chevron Doctrine Supporters Flock To High Court In Key Case

    Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.

  • September 22, 2023

    Enviro Cases To Watch This Supreme Court Term

    The U.S. Supreme Court has already agreed to review two cases with important implications for environmental and administrative law during its 2023 term, and several more litigants are seeking the justices' attention on issues ranging from financial responsibility for Superfund cleanups to whether the federal government properly estimated the social costs of greenhouse gases.

  • September 22, 2023

    Estate Wants Full 10th Circ. To Review EMT Liability Claims

    A woman representing the estate of a man who died after EMTs loaded him into an ambulance without securing his spine is asking the Tenth Circuit for a full-court rehearing of a panel decision dismissing her suit, saying the panel applied the wrong precedent in finding the EMTs had immunity to her claims.

  • September 22, 2023

    EV Maker Says Richards Layton Can Represent It In Ch. 11

    Lordstown Motors is defending its proposed retention of Richards Layton & Finger PA as its bankruptcy co-counsel, disputing the federal bankruptcy watchdog's contention that a conflict exists that should disqualify the Delaware firm from representing the electric-truck maker in its Chapter 11.

  • September 22, 2023

    Labaton Sucharow Will Lead Norfolk Southern Investor Suit

    A New York federal judge appointed Labaton Sucharow LLP as lead counsel for a proposed class of investors bringing a suit against Norfolk Southern Corp. and multiple major financial firms alleging the transportation company overstated its commitment to safety before a train derailment in East Palestine, Ohio.

  • September 22, 2023

    CBD Cos. Want Supreme Court Review Of RICO Decision

    Two CBD companies say they plan to appeal a Second Circuit decision to revive a racketeering suit from a commercial truck driver who alleged he lost his job after consuming products containing detectable amounts of THC.

  • September 22, 2023

    UAW Steps Up GM And Stellantis Strike, Notes Ford Progress

    The United Auto Workers on Friday expanded its strike to all of General Motors and Stellantis' parts distribution facilities, but said it's made "serious" progress in contract negotiations with Ford and will not strike any additional Ford facilities.

  • September 22, 2023

    How Latham Attys Won $200M Trade Secrets Case In Ga. Trial

    Following almost nine years of litigation, Georgia manufacturer Universal Alloy Corp. defeated allegations it stole Alcoa's trade secrets and a $200 million contract with Boeing for aircraft wing parts. Here, UAC's lead trial attorneys from Latham & Watkins LLP reveal to Law360 how they did it.

  • September 21, 2023

    5th Circ. Scraps $125M Ruling Over Judge-Atty Friendship

    The Fifth Circuit on Thursday vacated a $124.5 million award to the tenant of a Lake Charles, Louisiana, seaport in its yearslong contract fight with the port, finding that allegations the magistrate judge never disclosed her longtime friendship with the seaport's counsel raise "serious doubts" about the port's consent for the jurist to hear the case.

  • September 21, 2023

    IP Forecast: Texas Jury To Hear Point-Of-Sale Patent Fight

    A federal jury in Waco next week is set to hear a patent licensing business' allegations that e-commerce brand Lightspeed infringed a pair of decade-old patents covering point-of-sale programming. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 21, 2023

    FCA Resolves Vehicle Software Patent Suit

    FCA has agreed to resolve patent-holding company MicroPairing Technologies' suit in Michigan federal court that accuses its in-vehicle screen software systems of infringing several patents, marking an end to MicroPairing's flurry of infringement complaints against various auto manufacturers.

  • September 21, 2023

    DOJ Says JetBlue Deals Can Both Harm Competition

    The U.S. Department of Justice told a Massachusetts federal court there's nothing inconsistent about contentions that JetBlue's planned merger with Spirit and a previously blocked alliance with American Airlines would both hurt competition but in different ways.

  • September 21, 2023

    Climate Week: Spotlight On International Climate Cases

    As Climate Week continues in New York City and the United Nations General Assembly discusses the issue of climate change on the heels of Earth's hottest recorded August, international courts with different jurisdictions are being pushed to articulate what concrete actions should be expected of nations that have signed on to climate and environmental treaties.

  • September 21, 2023

    Boeing Fights Lion Air Families' 7th Circ. Bid For Jury Trial

    Boeing has told the Seventh Circuit that two remaining victims' estates suing over the Lion Air 737 Max crash aren't entitled to a jury trial because federal law defined clear limits around lawsuits stemming from fatal aviation accidents that occurred over the high seas.

  • September 21, 2023

    FERC Muddles Through Gas Project Votes Amid Climate Split

    The Federal Energy Regulatory Commission on Thursday greenlit a quartet of gas infrastructure projects whose votes had previously stalled, but postponed another pair of votes for at least another week amid a stubborn commissioner split over the scope of the agency's climate change reviews.

  • September 21, 2023

    UPS Settles With DOJ Over Immigration-Related Bias

    UPS will pay nearly $100,000 to rectify allegations that it discriminated against non-U.S. citizens who had valid legal documents rejected by the shipping company when trying to obtain necessary work credentials, the U.S. Department of Justice announced Thursday.

  • September 21, 2023

    Ford Drives Away From Safety Defect Suit In Light Of Recall

    A Michigan federal judge on Thursday tossed a proposed class action alleging that Ford failed to deal with a safety problem causing cars to roll away unexpectedly, saying the plaintiffs' injuries are unclear since the automaker issued a recall allowing drivers to have their vehicles fixed free of charge.

  • September 21, 2023

    Biden Directs Agencies To Consider Climate Costs In Budgets

    U.S. executive agencies will start considering the economic and social impacts of climate change in budget and procurement decisions and environmental reviews, according to a Thursday instruction from the Biden administration.

Expert Analysis

  • Master Service Agreements Can Mitigate Manufacturing Risks

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    Terms and conditions of standard contracts between manufacturers and their suppliers may not cover the numerous geopolitical, legal and technical issues that can arise in the manufacturing process in 2023 — so a master service agreement covering everything from payment terms to dispute resolution can be an excellent alternative, says Bryan Rose at Stinson.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • UN Climate Summit: What To Watch For In Dubai

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    The upcoming 28th Conference of the Parties of the United Nations Framework Convention on Climate Change, or COP28, may be remembered as a turning point in the emerging low-carbon economy — but only if conference commitments are successfully translated into new laws, business practices and financial support, say attorneys at DLA Piper.

  • Auto Insurers Should Reassess Calif. Diminished Value Claims

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    Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • How To Create A California-Compliant Piece-Rate Pay Policy

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    Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • What New EPA Enforcement Initiatives Mean For Industry

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    With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • 9 Consumer Finance Issues To Note From CFPB Report

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    A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Key Strike Considerations For Automotive Industry Suppliers

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    As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.

  • Opinion

    Laws Based On Rapid Drug Tests Are Unscientific And Unfair

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    Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.

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