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  • July 18, 2018

    Split NLRB Nixes Union's Bid To Challenge Work Rule Test

    The National Labor Relations Board ruled Tuesday that a union can’t intervene in a case involving the Boeing Co. to challenge the board’s landmark December decision loosening restrictions on workplace rules, saying the union can instead try to get the standard overturned in its own separate case.

  • July 18, 2018

    Massport Must Face Breach Claim In $2.7M Lufthansa Suit

    The Massachusetts Port Authority will have to face part of a $2.7 million lawsuit claiming it breached its contract with Deutsche Lufthansa AG when allegedly shoddy runway snow removal led to a 747 striking a snowbank at Boston’s Logan International Airport, a federal judge ruled Wednesday.

  • July 18, 2018

    Lyft Wants Snubbed Driver's Background Suit Arbitrated

    Lyft Inc. asked a California federal judge Tuesday to order arbitration in a prospective driver’s proposed class action alleging he was unfairly blocked from picking up riders after Lyft ran a background check, saying the driver is bound by an arbitration provision in Lyft’s terms of service.

  • July 18, 2018

    DC Circ. Pauses EPA Heavy-Duty Truck Emissions Rollback

    A divided D.C. Circuit panel put the U.S. Environmental Protection Agency’s recent decision to stop enforcing Obama-era greenhouse gas emissions standards for certain heavy-duty trucks on hold Wednesday, while it mulls an emergency bid by environmental groups to nix the decision.

  • July 18, 2018

    Dynacast Wins Settlement Dispute In Car Camera Parts Feud

    A Michigan federal judge ruled Tuesday that component manufacturer Dynacast Inc. did not agree to, or later renege on, a settlement with Magna Electronics Technology Inc. in a dispute over unreturned tools and unpaid work on car camera parts, saying emails between each side’s counsel confirms that an agreement was not formed.

  • July 18, 2018

    NJ Court Reinstates $6.3M Jury Award For Kia Brake Class

    The New Jersey Appellate Division on Wednesday reinstated a $6.3 million jury verdict against Kia Motors America Inc. in a defective brake class action, ruling in a published decision that case law in other jurisdictions permitted the use of aggregate data to estimate classwide repair damages.

  • July 18, 2018

    VW Insists Bondholders' Emissions Fraud Suit Must Be Axed

    Volkswagen told a California federal judge Tuesday that disgruntled bondholders cannot prove they were duped into buying overpriced bonds based on purportedly misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal, and that their latest amended proposed class action should be dumped for good.

  • July 18, 2018

    Tenneco Hit With Investor Suit Over $5.4B Federal-Mogul Deal

    A shareholder of auto parts company Tenneco Inc. filed a putative class action on Tuesday against the company seeking to pause its proposed $5.4 billion purchase of auto parts maker Federal-Mogul LLC, accusing Tenneco of misleading shareholders and withholding financial details.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    ITC To Probe Amazon, Walmart Over Carburetor IP

    The U.S. International Trade Commission will investigate several companies, including Amazon.com Inc., Target Corp. and Walmart Inc., after a Michigan-based engine parts manufacturer accused them of selling products containing imported carburetors that infringe five of its patents, according to an announcement on Tuesday.

  • July 17, 2018

    FERC Chair Denies Reports Of LNG Project Review Delays

    Federal Energy Regulatory Commission Chairman Kevin McIntyre on Tuesday denied published reports that the agency has informed liquefied natural gas developers that they face year-plus delays in FERC's review of their project applications and said FERC is putting the finishing touches on ways to accelerate the LNG review process.

  • July 17, 2018

    Kuwait Hit With $100M Claim By Russian Businesswoman

    A prominent Russian businesswoman who is imprisoned in Kuwait after being sentenced to 10 years of hard labor for allegedly embezzling public funds has filed a $100 million arbitration claim accusing the Persian Gulf nation of orchestrating a politically motivated campaign against her, her lawyers said Monday.

  • July 17, 2018

    Tug Co. CEO Blasts New Del. Chancery Suit, Ouster Bid

    The founder and CEO of a Seattle-based, multicoast tug and marine service company who was sued in Delaware’s Chancery Court and targeted for ouster by a top investor earlier this month accused the dissident group of forum shopping in a court document made public Tuesday.

  • July 17, 2018

    Geico Drives Into Multibillion-Dollar Auto Parts Antitrust Row

    Geico Corp. has filed suit in Michigan federal court against more than 70 auto parts companies embroiled in an international antitrust investigation that has yielded billions of dollars in criminal fines, saying it has been overcharged on insurance claims for more than 20 years due to numerous price-fixing conspiracies.

  • July 17, 2018

    Product Liability Cases To Watch: Midyear Report

    The tsunami of litigation over the nation's deadly opioid crisis will continue to keep attorneys riveted as the parties work toward trial dates next year. And after a string of losses for patients who claim that Bayer failed to warn of its blood thinner Xarelto's bleeding risks, attorneys are looking to see if they can find a winning argument. Here are the product liability cases attorneys will be keeping an eye on for the rest of 2018.

  • July 17, 2018

    Suit Against Insurer In Plane Crash Row Partially Revived

    A Texas appellate panel partially revived a lawsuit Kenyon International Emergency Services Inc. filed against Starr Indemnity and Liability Company on Tuesday, holding the emergency services company had shown that Starr might be on the hook in Kenyon's bid to recoup funds expended in the aftermath of a plane crash.

  • July 17, 2018

    5th Circ. Nixes Enviros' Suit Over Texas Highway Projects

    The Fifth Circuit on Tuesday refused to revive a lawsuit in which a coalition of local residents and environmental groups alleged plans for three Austin-area highway projects were improperly treated separately when considering their environmental impact.

  • July 17, 2018

    Sunoco Pans Contractor's $55M Claim For Axed Pipeline Deal

    A Sunoco Inc. unit said Monday in Pennsylvania court it had the legal right to terminate an agreement with a contractor who is now claiming some $55 million worth of damages after seeing its deal to work on a section of the 350-mile Mariner East 2 pipeline in the state suddenly canceled last February.

  • July 17, 2018

    Enviros Press DC Circ. To Halt EPA Truck Emissions Rollback

    A trio of environmental groups urged the D.C. Circuit on Tuesday to halt the U.S. Environmental Protection Agency’s recent decision to cease enforcing Obama-era greenhouse gas emissions standards for certain heavy-duty trucks outfitted with engines from older trucks, standards the agency plans to repeal.

  • July 17, 2018

    Biz Groups Urge 1st Circ. To Rehear Uber Fine Print Spat

    The U.S. Chamber of Commerce, a Boston-based public interest law firm and an app developers’ group urged the First Circuit on Monday to rethink a recent ruling rejecting the legality of Uber’s terms of service containing an arbitration provision, saying it creates enforceability problems for online contracts.

Expert Analysis

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    Buying Military Innovation: P3s Are Not The Best Approach

    Daniel Schoeni

    Experts debate the best strategy for the U.S. Department of Defense's technological leap forward. Options include public-private partnerships and open systems architecture. Innovation is best served by the latter, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.