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Transportation
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August 27, 2024
Electric Jet Co. Grounds Investor Suit Over SPAC Disclosures
Investors in German aerospace company Lilium have failed to adequately allege that the company lied about its electric jet production efforts as it went through a $3.3 billion go-public merger with a special purpose acquisition company, a Florida federal judge determined in permanently tossing the suit.
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August 27, 2024
Navy Shipbuilder Pleads Guilty To Accounting Fraud
A shipbuilder that contracts with the U.S. Navy pled guilty Tuesday to accounting fraud as part of a settlement to resolve criminal and civil investigations.
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August 27, 2024
Boston Cop's Family Sues Girlfriend, Bars For Wrongful Death
The family of John "J.J." O'Keefe, the Boston police officer allegedly killed by his girlfriend Karen Read, filed a wrongful death suit against her and two local bars where the couple were seen before his death.
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August 27, 2024
CFTC Fines TOTSA $48M Over Market Manipulation Attempts
Swiss energy trader TOTSA will pay $48 million for allegedly trying to manipulate the market for futures contracts linked to a type of refined gas mainly used in automobiles in Europe, the Commodity Futures Trading Commission announced Tuesday, with one commissioner dissenting over "flimsy evidence that is speculative and circumstantial."
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August 27, 2024
Enbridge, Mich. Battle Over Immunity Order In Pipeline Fight
Enbridge Energy and Michigan are swapping barbs over whether a federal district court should defer a summary judgment ruling in favor of the company over its Line 5 pipeline or wait until the Sixth Circuit has decided the state's bid to overturn a decision that it's not immune from the litigation.
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August 27, 2024
Self-Driving Truck Co. Inks $189M Deal To End Investor Suit
Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.
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August 27, 2024
Judges Upend Alaska Airlines Loss, Blame Jury Instruction
A Washington state appeals court on Tuesday threw out a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19 while away from home for her job, in an opinion that said a jury instruction misstated a legal doctrine covering traveling workers.
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August 27, 2024
Tour Bus Merger Claims Can't Save Antitrust Suit Redux
Claiming a partnership between its rivals amounted to an anticompetitive merger wasn't enough Tuesday to save a New York City tour bus operator's second attempt at antitrust allegations that they locked it out of deals with key tourist destinations.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
Car-Sharing Co. Turo Accused Of Shirking Own Arb. Terms
California-based car-sharing company Turo has been hit with a proposed class action in Illinois federal court claiming it violated its own terms of service by refusing to arbitrate consumers' disputes or pay its required portion of the arbitration filing fees.
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August 27, 2024
Split 5th Circ. Revives Tesla's Case Over La. Sales Ban
A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.
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August 27, 2024
Reports On 76ers Arena Proposal Don't Allay Chinatown's Fears
A series of studies released by the office of Philadelphia Mayor Cherelle Parker underscored unanswered questions and uneasiness coming from the neighboring Chinatown community about the potential effects of building a new arena in Center City, even if it brings new tax revenue.
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August 27, 2024
Wash. Co. Says Titan Sub Death Suit Belongs In Fed. Court
A Washington state-based firm linked to the Titan submersible that imploded during an expedition to the wreck of the Titanic has argued that federal court is the proper venue for a wrongful death lawsuit launched by the family of a French explorer who was aboard the vessel.
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August 27, 2024
Ford, NC Couple Settle Car Crash Dispute
Ford Motor Company and a couple suing the auto giant over an allegedly defective seat and seat belt in their 2017 Ford Explorer have reached a confidential settlement of their claims, according to a recent North Carolina state court filing.
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August 27, 2024
Georgia Court Says Ride-Hailing Cos. Are 'Motor Carriers'
The Georgia Court of Appeals said a trial court erred when it held that the ride-hailing service Lyft is not considered a motor carrier under Peach State law, and that its insurer could not be directly named in a lawsuit a woman filed after a crash involving one of its drivers.
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August 27, 2024
6th Circ. Reverses Geico's Win In Agents' Benefits Suit
The Sixth Circuit upended Geico's win in a lawsuit from insurance agents accusing it of misclassifying them as independent contractors and forcing them to lose out on benefits, saying more evidence is needed to determine if the insurer relied on unauthentic documents to get the suit tossed.
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August 27, 2024
Vt. High Court Affirms Denial Of Benefits To Marijuana Patient
The Vermont Supreme Court has affirmed an administrative law judge's decision not to issue a declaratory ruling whether off-duty medical cannabis use counts as misconduct for the purposes of terminating and denying benefits to a former transportation company employee.
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August 26, 2024
Uber Hit With €290M Dutch Fine For EU Data Transfers To US
The Netherlands' data protection authority has fined Uber €290 million ($324 million) on allegations it failed to use a valid mechanism for sending European drivers' personal data to the U.S. for more than two years, a penalty that the ride-sharing provider has vowed to appeal.
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August 26, 2024
GAO Rejects EY Protest Over $108M DOD Accounting Deal
The U.S. Government Accountability Office has denied Ernst & Young LLP's protest over a $107.8 million accounting services deal in support of U.S. Transportation Command, awarded to KPMG LLC, finding that the agency reasonably evaluated both companies' proposals.
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August 26, 2024
EV Maker Contests Del. Bid To Stall Stock Drop Suit In Calif.
Counsel for electric-vehicle manufacturer Mullen, which is now tangled in a derivative lawsuit seeking damages in Delaware's Chancery Court, have pointed the court to a proposed $7.25 million settlement in an earlier-filed derivative case in California federal court to support the company's bid to stay the Delaware action.
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August 26, 2024
Funds Say Norfolk Southern Can't Ditch Derailment Fraud Suit
Pension funds have told a Georgia federal judge that they've laid out in exacting detail their allegations that Norfolk Southern eroded safety standards by embarking on risky cost-cutting moves and slashing its workforce, culminating in last year's fiery derailment in East Palestine, Ohio, and ultimately backfiring on investors.
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August 26, 2024
DC Circ. Tosses FERC's San Francisco Power Order
The D.C. Circuit vacated a Federal Energy Regulatory Commission order that Pacific Gas and Electric Co. argued expanded the utility's obligation to carry San Francisco-generated power to the city's retail customers, finding that the agency wrongly grandfathered classes of consumers into the wheeling arrangements.
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August 26, 2024
Colo. Railroad, Union Reach Tentative Deal In Firings Dispute
The International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division and a railroad notched a tentative settlement to resolve a case seeking punitive and compensatory damages after the employer fired two workers who supported the union, the parties told a federal court Monday.
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August 26, 2024
Fla. Calls DOL Threat Over Transit Funding Unconstitutional
Florida asked a federal judge Monday for a win in its suit against the U.S. Department of Labor, arguing that the department's threat to withhold more than $800 million in funds for transportation infrastructure because of a new law cracking down on public-sector labor power is unconstitutional.
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August 26, 2024
Gov't Looks To Limit Arguments In Rail Merger Appeal
The federal government urged the D.C. Circuit not to let a coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern incorporate arguments made by Chicago's commuter rail system before the system dropped out of the case.
Expert Analysis
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What Alternative Fuel Proposals Mean For EU Infrastructure
The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.