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Transportation
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April 10, 2024
DA Says SEPTA Prosecutor Law Unfairly Singles Out Philly
An attorney for Philadelphia District Attorney Larry Krasner told a Pennsylvania appellate court Wednesday that a law mandating a "special prosecutor" within the Attorney General's Office to handle crimes within the Southeastern Pennsylvania Transportation Authority had unfairly and unconstitutionally singled out Philadelphia and his office.
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April 10, 2024
Electrical Workers Union Sues LIRR Over Cannabis Firing
The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.
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April 09, 2024
After Uproar, New MDL Rule Advances With Attys Assuaged
Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Judge Says He'd Be Spooked By Mercedes Recall Notice
A Washington federal judge hinted on Monday that a Mercedes-Benz driver likely had standing in a proposed class action after getting a recall notice about a potentially dangerous brake issue, with the judge remarking that such a warning would make him afraid to take his car on the road until an inspector cleared it.
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April 09, 2024
Nikola Investors' SPAC Fraud Suit Moves Ahead
Board directors of electric truck maker Nikola Corp. and the blank-check company that took it public for $3.3 billion in 2020 must face shareholders' derivative claims of insider trading, securities fraud and merger-related breaches after Delaware's Court of Chancery on Tuesday denied more than half of the defense's motions to dismiss.
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April 09, 2024
Texas Court Unsure It Has Jurisdiction Over Auto Co.'s Rival
A three-judge panel for a Texas appellate court prodded the argument of an automotive repair services company, asking how it could establish that it has jurisdiction over the company's business rival given the rival's loose ties to Texas during oral arguments Tuesday.
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April 09, 2024
Colo. Justices Doubt Workers' Comp Stops Insurance Suits
A Colorado Supreme Court justice expressed doubt Tuesday that lawmakers, in crafting Colorado's workers' compensation law, intended to make employees choose between getting workers' comp and suing their employer's auto insurer when injured on the job by an underinsured driver — tackling a question that has stymied the state's federal judiciary.
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April 09, 2024
How Imminent Is 'Imminent,' Judge Asks In Supply Chain Fight
A Colorado federal judge asked an auto parts supplier Tuesday how quickly a Michigan company's alleged violation of an exclusivity deal would have tangible effects, as he considered temporarily stopping the Michigan firm from using other suppliers.
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April 09, 2024
Spirit Flies Away From Wiretap Suit Over Site User Tracking
Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.
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April 09, 2024
GM Rips 'Word Salad' Discovery Request, Fights Sanction Bid
General Motors and its Detroit Renaissance Center told a Michigan federal judge Monday that guests of the center's Marriott hotel are unfairly demanding sanctions over allegedly unreasonable discovery requests, saying the businesses are making every effort to respond in a timely fashion to the "burdensome" interrogatories.
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April 09, 2024
Ga. Firm Fights Sanctions Bid For Pursuing COVID-19 Suit
A Georgia law firm has urged a federal court to reject a sanctions motion against it for pursuing claims that businesses failed to protect a worker against catching COVID-19, arguing the bid is untimely and saying the companies made misleading statements about the case in their request.
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April 09, 2024
ArentFox Schiff Bets On Auto Sector With 4 Boston Partners
ArentFox Schiff LLP has brought on four partners from midsize Boston firm Burns & Levinson LLP who specialize in representing the automotive industry, according to a Tuesday announcement by the firm.
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 09, 2024
Norfolk Southern Settles Train Derailment Suits For $600M
Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.
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April 08, 2024
Fiat Chrysler Beats Faulty Rearview Camera Class Action
A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.
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April 08, 2024
Ford Motor Co. OT Claims Transferred To Michigan
An Ohio federal judge sent a proposed collective action by a former Ford Motor Co. plant worker to the Eastern District of Michigan on Monday after the worker and the auto manufacturer said the case is better dealt with near Ford's headquarters in Detroit.
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April 08, 2024
FTC's Slaughter Defends International Cooperation
Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.
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April 08, 2024
Pepperidge Farm Distributor Can Keep Delivering Cookies
Pepperidge Farms will have to keep using a distributor that is suing the cookie company for showing up with six moving vans on a Friday night to seize its inventory, after the California federal judge who handed down the preliminary injunction accused Pepperidge Farms of trying to "hijack" the distributorship.
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April 08, 2024
Vidal Wants PTAB To Take Fresh Look At Radiator Patent Fight
The Patent Trial and Appeal Board has to take another look at its decision not to review a fight against a patent covering a way to stop decay on radiators in vehicles, the head of the U.S. Patent and Trademark Office has ruled.
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April 08, 2024
US Pledges $6.6B To TSMC As Chip Co. Eyes 3rd Ariz. Plant
The Biden administration on Monday proposed a pledge of $6.6 billion to Taiwan Semiconductor Manufacturing Co. in hopes of boosting the U.S. domestic semiconductor industry as the chipmaking giant eyes a third fabrication plant in Arizona.
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April 08, 2024
Experts Call For New Agency To Regulate Space Operations
A group of military space officials has called on the White House to create a new cabinet-level agency for space operations to cut red tape and keep the U.S. ahead of its rivals as a global leader in space operations.
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April 08, 2024
Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row
Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.
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April 08, 2024
Tesla Owner Claims Company's Warranty Misled Customers
A California Tesla owner claims the electric vehicle company falsely advertised a battery warranty and refused to replace a fuse on his car without charge, a repair that should have been covered by the agreement, according to a proposed class action filed in California federal court.
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April 08, 2024
Tesla Settles Autopilot Wrongful Death Suit On Eve Of Trial
On the day a closely watched trial was set to get underway in California, Tesla Inc. revealed it reached a confidential settlement with the family of an Apple engineer who died in a 2018 crash of a Tesla vehicle engaged in Autopilot, the company said in a California Superior Court filing on Monday, asking the judge to seal the figure.
Expert Analysis
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House Bill Could Help Resolve 'Waters Of US' Questions
Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Working With Emergency Services: Tips For Frontline Attys
The best version of a first responder-crisis lawyer relationship involves one where the first responder can trust the attorney enough to give them all the details, knowing they will exercise discretion in how much they release to the public, say Lauren Brogdon at Haynes Boone, Rick Crawford at the Los Angeles Fire Department and Christopher Sapienza at the Yonkers Police Department.
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Analyzing The Legal Ripples Of The EPA's PFAS Regulation
As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Boeing Opinion Strikes Blow Against Overpayment Theory
The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Del. Dispatch: Lessons From Failed ETE-Williams Merger
Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.
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Ga. Ruling A Win For Plaintiffs Injured By Older Products
The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.
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Opinion
Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.