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Transportation
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February 14, 2024
Honda, Ford Push For Review Of New Wireless IP
Honda is urging U.S. Patent and Trademark Office Director Kathi Vidal to vacate the Patent Trial and Appeal Board's decision not to review a Neo Wireless patent it had challenged, the same day Ford did the same.
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February 14, 2024
Legal Org. Backs Lyft In Supreme Court PAGA Fight
Representative and individual claims brought under California's Private Attorneys General Act are inseparable when it comes to arbitration, a legal organization told the U.S. Supreme Court on Wednesday, backing Lyft's challenge to a California state appellate court's decision preserving a former driver's representative claims.
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February 14, 2024
Ind. Justices Find Eateries Can Be Liable Under Dram Shop Act
Two restaurant owners could be held liable in a negligence case over a drunken driver who crashed into and killed another man, the Indiana Supreme Court has held, finding the state Dram Shop Act changed common-law liability for businesses that provide alcohol — but did not eliminate it.
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February 14, 2024
Trucking Groups Score Win In Ocean Carriers FMC Dispute
The Federal Maritime Commission has said that ocean carriers flouted U.S. law by requiring trucking companies to only use specific chassis providers to haul container cargo from certain ports in California, Illinois, Georgia and Tennessee, in a dispute related to pandemic-era supply chain logjams.
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February 14, 2024
NJ Mayor Gets Voice In NY Congestion Pricing Fight
A New Jersey mayor who recently failed to get his lawsuit over New York's congestion pricing plan merged with another case brought by the Garden State government will be allowed to participate in oral arguments against the Empire State, a federal judge has decided.
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February 14, 2024
South Jersey Agency Must Face Suit Over Fatal Tollbooth Crash
A New Jersey appeals court on Wednesday declined to let the South Jersey Transportation Authority escape a suit over a fatal car crash at a toll plaza, saying the trial court didn't abuse its discretion by allowing the family to file a late notice of claim after receiving video of the crash.
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February 14, 2024
10th Circ. Revives Suit Accusing Valero Of Okla. Pipeline Leak
The Tenth Circuit has partially revived an Oklahoma cattle ranch's lawsuit against Valero Energy Corp. alleging a pipeline leak contaminated its property, saying an Oklahoma federal judge misinterpreted state law when he tossed the ranch's nuisance and negligence claims.
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February 14, 2024
BCLP Can Fight Atlanta Firm's Fee Garnishing Request
Bryan Cave Leighton Paisner LLP can now appeal a trial court's ruling ordering the firm to return just over $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator, a Georgia state appellate court ruled Wednesday.
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February 14, 2024
TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case
A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.
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February 14, 2024
Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely
The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.
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February 14, 2024
Detroit Firm Adds 3 Attys, Including Ex-GM Software Engineer
An intellectual property law firm in Detroit has recruited a trio of patent prosecution lawyers, including a former software engineer at GM and another lawyer who is going to lead the firm's new office in St. Louis.
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February 14, 2024
11th Circuit Urged To Toss Ga. Developer's Truck Stop Suit
Georgia's Rockdale County is asking the Eleventh Circuit to uphold its victory over a developer's suit against a local zoning ordinance that blocked his QuikTrip truck stop project near Interstate 20.
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February 14, 2024
Shareholders Seek Approval For $7.5M Faraday Future Deal
Faraday Future Intelligent Electric Inc. investors are asking a California federal judge to certify a settlement class and approve a $7.5 million deal to resolve their claims that the company misled them about its electric vehicle reservations and financial prospects before a go-public special-purpose acquisition company merger.
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February 13, 2024
Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say
Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.
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February 13, 2024
Tesla Fights To Send False EV Mileage Fight To Arbitration
Tesla urged a California federal judge Tuesday to send to arbitration two proposed class actions alleging that the company falsely advertised inflated mileage ranges for its electric vehicles at the direction of CEO Elon Musk, arguing that the car owners agreed to arbitrate their disputes when they ordered the vehicles.
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February 13, 2024
Boeing Hit With Bias Suit By Ex-Defense Division Attorney
Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 13, 2024
Stronger Evidence Needed In Asbestos Case, Panel Says
A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.
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February 13, 2024
SAS Ex-Cabin Crew Defends Bid For Pension Pay In Ch. 11
More than 40 pensioners of bankrupt Scandinavian airline SAS have told a New York bankruptcy court that their claims should not be thrown out, saying SAS cannot brush off its obligations by pointing the finger at the pension fund when the fund acts as its proxy.
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February 13, 2024
App Users Want Class Certification In Data Breach Case
Consumers suing a parking app company asked a Georgia federal judge Monday to certify a class in their lawsuit alleging lax cybersecurity led to their data being stolen, sold and then given away for free on the dark web following a March 2021 data breach.
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February 13, 2024
Colo.'s Bid To Keep Sick Leave Law Can't Fly, Airline Org Says
The State of Colorado can't land arguments that its sick leave law should stay in place because it relied on "obsolete" precedent while overlooking other rulings axing similar laws, an airline trade group told a Colorado federal court.
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February 13, 2024
United Airlines Seeks Exit In 'Sustainable' Fuel Suit
Passengers can't pursue state fraud claims against United Airlines Inc. over its allegedly deceptive marketing pledge to use "sustainable aviation fuel," the air carrier has told a Maryland federal judge, arguing that federal law preempts such claims.
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February 13, 2024
Insurer Must Face Bad Faith Claim In Premium Refund Suit
A Liberty Mutual unit can't escape a proposed class action's remaining claim that the insurer acted in bad faith by failing to adequately adjust auto insurance premiums collected during the COVID-19 pandemic, a California federal court ruled.
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February 13, 2024
Md. Senate Panel OKs Aircraft Parts Tax Break Extension
Aircraft parts and equipment would continue to get a sales tax exemption in Maryland under legislation approved Tuesday by a state Senate panel.
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February 13, 2024
Carl Icahn Sets Sights On JetBlue, Scooping 10% Share
Activist investor Carl Icahn has revealed in a securities filing that he has amassed a nearly 10% stake in JetBlue Airways, a disclosure that sent the airline's stock price soaring more than 20% on Tuesday.
Expert Analysis
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Opinion
Aviation Watch: Investigating The SpaceX Rocket Explosion
While the Federal Aviation Administration has promised to oversee an inquiry into the recent catastrophic failure of SpaceX's Starship/Super Heavy rocket, the agency's conflicts of interest and record of lax oversight make it imperative that an independent investigation be conducted, says Alan Hoffman, a retired attorney and aviation expert.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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NEPA Reforms May Aid Project Speed, But Red Tape Remains
The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Ohio's Adoption Of EPA Rules Will Aid Hazardous Waste Cos.
Ohio's recent adoption of a new hazardous waste rules package aligned with federal standards will significantly improve operations for waste handling and transportation businesses operating in the state by simplifying the permitting process, say attorneys at Vorys.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Sackett's US Waters Redefinition Is A Boon For Developers
The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.
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Attendance Policies, ADA May Be In EEOC's Crosshairs
While a recent matter before the Eleventh Circuit primarily involved the U.S. Equal Employment Opportunity Commission’s subpoena power, the case's factual details suggest that the agency wants to determine whether certain attendance policies violate the Americans with Disabilities Act, potentially on a nationwide scale, say Anne Yuengert and William Manuel at Bradley Arant.
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Greenwashing Suits May Implicate D&O Policies
As consumers, regulators, and state and local governments seek to use litigation to hold companies responsible for alleged greenwashing, businesses facing such claims have a number of approaches available for seeking insurance coverage under directors and officers policies, say attorneys at Haynes Boone.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Vicarious Liability Questions On The Line In Texas Crash Case
A Texas appellate court's recent decision refusing to adopt the so-called admission rule — which rejects the notion of negligent training as an independent claim against an employer — is likely to be appealed to the state's high court, potentially opening the floodgates for plaintiffs to use reptile theory trial strategies, say attorneys at Wilson Elser.
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2 Ways Calif. Justices' PAGA Ruling May Play Out
In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.
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How Electric Vehicles Will Affect Land Use And Development
The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.
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Environmental Justice Takes Center Stage At FERC
The Federal Energy Regulatory Commission's forthcoming policy statement on addressing environmental justice community impacts could play a key role in informing how developers and affected communities approach energy projects for years to come, say Emily Mallen, Ben Reiter and Angelica Gonzalez at Akin.