Transportation

  • October 26, 2021

    Cybersecurity Rules Needed For Transpo Sector, Reps. Say

    The leaders of a pair of key U.S. House of Representative subcommittees on Tuesday backed a push to replace voluntary cybersecurity guidelines with mandatory standards for operators of planes, trains and pipelines, although Republicans urged the federal government to closely coordinate with industry in crafting these rules. 

  • October 26, 2021

    Penske Urges Judge To Prevent 'Chaos' In Pension Suit

    Penske urged an Illinois federal judge Tuesday to stop a pension fund from expelling its Dallas bargaining unit and forcing the company to incur millions in withdrawal liability, arguing any action by the fund would send already tense contract negotiations into "complete chaos."

  • October 26, 2021

    Cincinnati Sees Case Tossed After Evidence Was Scrapped

    An Illinois federal judge held that case dismissal was an appropriate sanction against Cincinnati Insurance Co., after its policyholder scrapped a machine that it claimed a Caterpillar unit broke when it caused a power surge.

  • October 26, 2021

    Risky Drivers Slipped Through CBP Trusted Traveler Program

    U.S. Customs and Border Protection approved truck drivers for a Trusted Traveler Program even though the drivers should have failed the vetting process intended to weed out potential border security risks, a federal watchdog said in a report Tuesday.

  • October 26, 2021

    9th Circ. Snuffs Dealers' German Car Co. Antitrust MDL

    The Ninth Circuit said Tuesday that car dealerships didn't have enough facts to plausibly allege there was an overarching conspiracy among German auto giants to control diesel emissions system specifications and steel prices to unreasonably restrain trade in violation of U.S. antitrust law.

  • October 26, 2021

    Avianca Says It Can Cram Down $200M In Notes In Ch. 11 Plan

    Colombian airline Avianca on Tuesday asked the New York bankruptcy judge overseeing the confirmation hearing for its Chapter 11 plan to find that the terms of its debtor-in-possession financing renders more than $200 million in notes unsecured.

  • October 26, 2021

    Business Groups Urge Stay On Vacating Trump Water Rule

    Business groups say an Arizona federal judge put an undue economic strain on their members by vacating a Trump-era rule that narrowed the reach of the Clean Water Act instead of leaving the rule intact while the Biden administration comes up with a replacement.

  • October 26, 2021

    Toyo Tire Seeks To Escape $110M Verdict In Defamation Fight

    Toyo Tire Corp. is fighting a $110 million judgment against it in a dispute with rival Atturo Tire Corp. over allegedly defamatory statements that Atturo infringed certain intellectual property rights, arguing that it at least should be able to get a new trial.

  • October 26, 2021

    Trucking Co. Rips ADA Suit, Saying Safety Isn't Discrimination

    The U.S. Equal Employment Opportunity Commission would have a Denver-based trucking company endanger the public in the name of disability accommodation, according to an early win bid the company filed in Colorado federal court Monday.

  • October 26, 2021

    Geico Gets Majority Of Auto Crash Coverage Suit Tossed

    A Nevada federal judge threw out the majority of a suit against Geico, including a bad faith claim over $100,000 in uninsured motorist benefits for a driver's injuries caused by a car collision.

  • October 26, 2021

    Polish Airline Says Boeing's 737 Max Lies Cost It $250M

    LOT Polish Airlines sued Boeing in Washington federal court Monday alleging it lost $250 million after the American aerospace giant duped it into ordering defectively designed 737 Max jets that were grounded for more than 18 months after two deadly crashes exposed the jets' safety flaws.

  • October 26, 2021

    11th Circ. Clears Way For Enterprise To Settle WARN Act Suit

    In light of a settlement reached between Enterprise and former employees of the company alleging it should have given notice of mass layoffs due to the COVID-19 pandemic, the Eleventh Circuit relinquished power over the appeal and remanded the dispute to the district court to consider the agreement.

  • October 26, 2021

    Judge Tosses Investors' Suit Against Chinese Electric Car Co.

    A New York federal judge dismissed a putative class action suit against Chinese electric car company Kandi Technologies Group on Monday, saying the plaintiffs had failed to show that the defendants deliberately made misstatements on the company's financial reports.

  • October 26, 2021

    Retail Group Asks Justices To Solve Uber's PAGA Arb. Clash

    It is unfair to prevent Uber from forcing drivers to arbitrate claims they bring on behalf of California through the state's Private Attorneys General Act, the Retail Litigation Center said, urging the U.S. Supreme Court to weigh in on the dispute.

  • October 26, 2021

    DC Judge Says Crowley's Audit Suit Belongs In Claims Court

    A D.C. federal judge ended Crowley Government Services Inc.'s lawsuit alleging the federal government erred in finding that it overcharged a U.S. Department of Defense unit by $37 million for freight services, ruling that Crowley brought its case to the wrong court.

  • October 25, 2021

    Biden Admin. Announces Vaccine Rules For Int'l Travelers

    Beginning next month, international travelers flying to the U.S. from most countries will be required to have been vaccinated, while travel restrictions from several countries, including India, China and some European countries, will be lifted, the Biden administration announced Monday.

  • October 25, 2021

    Texas Jury Awards $353M To Airport Worker Struck By Van

    A Texas state jury hit Allied Aviation Fueling Co. of Houston Inc. and one of its drivers with a $352.8 million verdict Monday, finding that they were responsible for the paralysis of a United Airlines worker who was struck by an Allied van at Houston's Bush Intercontinental Airport.

  • October 25, 2021

    Navistar Will Pay $52M To Settle EPA Truck Engine Claims

    Navistar Inc. on Monday agreed to pay $52 million to settle the U.S. Environmental Protection Agency's accusations that the trucking giant violated the Clean Air Act by selling heavy-duty diesel engines without the required certification that they met emissions standards.

  • October 25, 2021

    9th Circ. Rejects Arizona Auto Dealer Data Law Challenge

    Two auto dealer data companies on Monday lost their bid to restrict car dealerships' access to their databases when the Ninth Circuit refused to revive their bid for an injunction against an Arizona law mandating third-party access, finding the companies likely won't win their constitutional and Copyright Act claims.

  • October 25, 2021

    United Seeks Win Over Pilots, Flight Attendants' Wage Claims

    United Airlines urged a California federal judge to hand it a quick win over claims the airline's on-call payroll calculations violate state minimum wage statutes, arguing that its pay formula guarantees pilots and flight attendants are paid minimum wage.

  • October 25, 2021

    Beer Biz Says Language Barrier Can't Beat Arbitration Clause

    A wholesale beer distributor has asked a Texas appellate court to send to arbitration the injury claims of a Spanish-speaking employee, arguing a trial court wrongly let the claims proceed in court after the injured man alleged the arbitration agreement was unconscionable.

  • October 25, 2021

    Boeing Says Ex-Exec's Charges Don't Prove Securities Fraud

    The Boeing Co. is urging an Illinois federal court to ignore a bid by shareholders to include an indictment in the 737 Max case against a former executive as evidence in a securities fraud suit, saying the motion was not authorized and mischaracterizes much of the indictment to make its argument.

  • October 25, 2021

    Pension Fund Fights Penske's Suit Over Ouster Of Workers

    A Penske employee pension plan on Monday encouraged an Illinois federal judge to toss what it called a premature lawsuit from the rental truck company seeking to block the expulsion of a bargaining unit amid contract negotiations, explaining it hasn't made an expulsion decision yet.

  • October 25, 2021

    3 Firms Guide Volvo In Undersized $2.3B IPO

    Sweden's Volvo Cars said it was raising roughly $2.3 billion in its initial public offering at the low end of its previously announced price range, guided by Mannheimer Swartling, Clifford Chance LLP and underwriters' counsel White & Case LLP.

  • October 25, 2021

    Car Parts Maker Says Justices Must Resolve Discovery Issue

    German auto parts maker ZF Group is pressing the U.S. Supreme Court to resolve a 3-2 split among federal appeals courts on whether district courts can order discovery for private commercial arbitration abroad, pointing to the "obvious and wide-ranging importance" of the issue.

Expert Analysis

  • Parsing Boeing Decision In Light Of ESG, Caremark Trends

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    The recent Boeing shareholder litigation ruling comes amid an increase in Delaware Caremark decisions and attention to environmental, social and governance issues, which together will likely reorient boards' attention to core governance and how they monitor ESG risks, say Helene Banks and Elizabeth Sweeny at Cahill Gordon.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Evolution Of Public Nuisance Claims Means For Cos.

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    As public nuisance suits against corporations have grown, and courts are increasingly given such claims greater credence, companies across many industries may now find themselves facing liability, say Laura Flahive Wu and Nicole Antoine at Covington.

  • Resolving When Fla. Consumer Statute Gives Cos. Standing

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    Courts in Florida have struggled over whether a business has standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act when consumers suffer harm — but there is an argument that has not yet been considered that could resolve the question, say Aaron Weiss and Michael Zilber at Carlton Fields.

  • Opinion

    Time For Biden EPA To Resolve 'Waters Of US' Debate

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    The meaning of "waters of the United States" has been intensely debated through decades of court decisions and contradictory regulations, so the Biden administration's efforts to craft a durable definition are essential for regulatory certainty and environmental protections, says Jim Murphy at the Vermont Law School Environmental Advocacy Clinic.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Feds May Need Power To Take State Lands For New Grid

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    The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

  • What FTC's 'Penalty Offense Notices' Mean For Companies

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    In recent weeks, the Federal Trade Commission has resurrected a long-dormant enforcement power by sending hundreds of companies notices of marketing-related offenses — and while the agency may face practical challenges in executing penalties, companies should proceed carefully, say attorneys at Manatt.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How To Mitigate Antitrust Risk In ESG Efforts

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    Recent statements from Jonathan Kanter, nominee to lead the U.S. Department of Justice Antitrust Division, suggest that companies will need to assess whether environmental, social and governance policies are unrelated to competition and prepare accordingly for merger reviews, say Michael Murray and Tara Giunta at Paul Hastings.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

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