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Transportation
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September 03, 2024
8th Circ. Says Union Pacific Must Face Color Vision Bias Suit
The Eighth Circuit revived a former Union Pacific conductor's lawsuit alleging he was unlawfully fired after failing a color vision test, ruling Tuesday that a lower court erroneously said his participation in a defunct class action couldn't save his claims.
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September 03, 2024
EPA Should Have Rethought Smog Plan, DC Circ. Told
U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to rethink its plan to reduce smog-forming emissions across several states once courts partially blocked the plan's implementation, saying those decisions vindicate arguments that the rule can't be legally crafted.
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September 03, 2024
Alaska Says Nothing's Changed As Flyers Try Merger 'Do-Over'
Alaska Airlines wants a nixed flyer challenge to its $1.9 billion purchase of Hawaiian Airlines to stay nixed, telling a Hawaii federal judge that declarations from the plaintiffs about their travel plans could have been submitted months ago and are "too little, too late" to overcome the judge's ruling that they had no standing.
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September 03, 2024
Calif. Eyes New Heavy-Duty Autonomous Truck Testing Regs
California is forging ahead with plans to test and deploy more heavy-duty autonomous trucks, at the same time that state lawmakers are seeking to ban autonomous trucks from operating without a human driver behind the wheel.
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September 03, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.
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August 30, 2024
CrowdStrike VP Called To House Hearing On Global IT Outage
A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm.
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August 30, 2024
Flight Training Co. Can't Ditch Crash Liability Suit, Judge Says
An Illinois federal judge said Friday that a Florida flight training provider must face claims that it negligently trained the crew members who were aboard a Global Air-operated Cubana de Aviación flight that crashed in Cuba in May 2018, killing 113 people.
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August 30, 2024
RTX Corp. To Settle Engineers' No-Poach Class Claims
RTX Corp. on Friday announced a nascent class action settlement in a lawsuit accusing its Pratt & Whitney division of orchestrating an agreement among five aerospace engineering suppliers not to hire one another's employees, a move that follows a $26.5 million settlement between the employees and the five other firms.
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August 30, 2024
Judge Unsure Warehouse Antitrust Suit Belongs In Fed. Court
An Illinois federal judge appeared skeptical Friday that a warehouse developer could unravel a municipal contract with several real estate companies accused of violating antitrust laws, questioning if the plaintiff was truly harmed by the deal or a related judgment its rivals later won in state court.
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August 30, 2024
Coach USA Accused Of Mass Layoff Without Timely Notice
Bus company Coach USA, which filed for Chapter 11 bankruptcy in June, failed to give drivers a timely notice of mass layoffs as required by state and federal law, according to a proposed class action filed in New Jersey federal court.
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August 30, 2024
UPS Gets NLRB Info Request Redo From 11th Circ.
The Eleventh Circuit reversed on Friday part of a National Labor Relations Board ruling that UPS illegally refused to provide information to the Teamsters, directing the board to analyze the company's argument that the parties' contract precluded the union's request for workers' phone numbers.
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August 30, 2024
Texas Justices Won't Hear Truck Co.'s $1M Tax Exemption Bid
The Texas Supreme Court on Friday denied a freight transportation company's request for the justices to consider whether the company is exempt from state franchise tax and owed a roughly $1 million refund.
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August 30, 2024
Gov't Contracts Of The Month: Base Networks, Nuclear Power
In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. These are Law360's most noteworthy government contracts for August 2024.
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August 30, 2024
Uber Owes Drivers Duty Of Care In Rider Match, 9th Circ. Says
A Ninth Circuit panel said Friday that Uber Technologies Inc. can't dodge liability after one of its drivers was murdered in a carjacking, finding rideshare companies have a duty to their drivers to use reasonable care to match them with riders.
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August 30, 2024
Insurers Say Honda, Dealership Owe $1M For Auto Fire
Insurers for a homeowners association and two residents told a New York federal court that Honda and a local dealership must foot the bill for a 2021 vehicle fire that caused property damage and "additional expenses" totaling over $1 million.
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August 30, 2024
EEOC 'Exaggerates' Harassment Claims, Auto Parts Co. Says
An auto parts company urged a North Carolina federal judge to toss a U.S. Equal Employment Opportunity Commission suit for good, arguing that the agency "exaggerates the evidence" in an effort to prove that a former employee was sexually harassed out of her job.
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August 30, 2024
Adani Ports Pays $185M For Stake In Offshore Vessels Biz
Indian ports and logistics company Adani Ports and Special Economic Zone Ltd. on Friday revealed that it has agreed to take a controlling stake in offshore support vessel operator Astro in a $185 million cash deal.
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August 30, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.
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August 30, 2024
Fall IPO Pickup Could Be A Prelude For 2025 Recovery
More companies are preparing to go public after Labor Day, signaling a modest increase in initial public offerings that capital markets advisers say could presage a stronger recovery in 2025, assuming next year brings more clarity regarding interest-rate policy and the result of the presidential election.
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August 29, 2024
Tesla, Elon Musk Beat Dogecoin Buyers' Fraud Suit, For Good
A New York federal judge on Thursday for the final time threw out a contentious lawsuit brought by Dogecoin investors accusing Elon Musk of manipulating the market so that he and Tesla could turn a profit on the meme-themed cryptocurrency.
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August 29, 2024
PI Says He Didn't Publish Trade Secrets In Hacking Suit
A North Carolina private investigator is doubling down on his bid to defeat what's left of aviation tycoon Farhad Azima's lawsuit accusing him of taking part in an international hacking conspiracy.
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August 29, 2024
Spurned Donation Made Ex-NBA Star A Target, Judge Says
A former NBA star's company was wrongly stripped of a minority ownership certification, a Michigan judge has found, concluding the certifier manipulated the requirements to disqualify the company.
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August 29, 2024
Airline Ducks Liquidated Damages In Military Leave Suit
A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.
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August 29, 2024
FedEx Taps Longtime Company Atty And Exec As New GC
FedEx Corp. announced Thursday that attorney and longtime executive Gina F. Adams will succeed Mark Allen, the company's longtime executive vice president, general counsel and secretary, who retires this year.
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August 29, 2024
Judge Narrows Claims In Mercedes Sunroof Class Action
A Georgia federal judge has trimmed some claims from a proposed class action accusing Mercedes-Benz of offering vehicles with panoramic sunroofs prone to randomly shattering under normal conditions but allowed several state consumer protection claims, breach of implied warranty and fraudulent concealment claims to continue.
Expert Analysis
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.