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  • December 12, 2018

    Shippers Lose Bid To Revive Insurance Arbitration Challenge

    A British judge said Wednesday that he would not revive a $500,000 arbitration dispute over Thomas Miller Specialty Underwriting Agency Ltd.'s refusal to indemnify two shipping companies for a sunken cargo of junk cars, rejecting a bid to appeal the case and expressing shock that the parties ran up almost $200,000 in attorneys' fees.

  • December 12, 2018

    Uber Ran Rival Off Road With Fake Ride Requests, Suit Says

    A shuttered ride-hailing startup accused Uber in California federal court Tuesday of requesting rides and canceling them shortly before pickups in a scheme to push competitors out, saying it cost consumers “lower prices, higher quality, and more options.”

  • December 12, 2018

    Mass. Town Asks 1st Circ. To Block Enbridge Pipeline Project

    The small Massachusetts town of Weymouth asked the First Circuit in an appeal brief Wednesday to help it protect its natural resources and deny a bid by a division of Canadian energy provider Enbridge Inc. to build a natural gas compressor station there for the Atlantic Bridge pipeline expansion project.

  • December 12, 2018

    Sunoco Beats Emergency Bid To Shut Down Pa. Pipelines

    A state judge has rejected an emergency petition from a group of suburban Philadelphia residents seeking to shut down Sunoco’s controversial Mariner East natural gas pipelines based on what they argued was a clear and present danger to public safety.

  • December 12, 2018

    'Swim Step' Redesign Doesn't Infringe Patent, Judge Says

    After ordering Brunswick Corp. to pay $5.4 million to Cobalt Boats LLC for infringing its patent on “swim steps” for boats, a Virginia federal judge has found that Brunswick’s redesigned swim steps do not infringe the patent because the product is no longer based on a spring-based or locking mechanism.

  • December 12, 2018

    Ex-Tesla Worker Forced To Arbitrate Whistleblower Claims

    Tesla Inc. has won its bid to force arbitration of a former employee’s whistleblower claims he was fired for reporting to supervisors that the automaker had engaged in illicit conduct in dealing with customers, with a New Jersey federal judge finding that the worker waived his right to go to court under the parties’ arbitration agreement.

  • December 12, 2018

    La. Shipyard Labor Contractors Fined In Employment Bias Suit

    A pair of Louisiana shipyard labor contractors were slapped with an $857,868 civil penalty for discriminating based on citizenship in their employment practices, the U.S. Department of Justice said on Tuesday.

  • December 11, 2018

    Fiat Presses Supreme Court To Undo Car-Hacking Cert. Order

    Fiat Chrysler urged the U.S. Supreme Court on Tuesday to resolve a circuit split and allow it to swiftly challenge an Illinois district court's certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the lower court's "manifest errors" cannot go unchecked.

  • December 11, 2018

    NYC Schools Beat $100M Bus Driver Pension Row In 2nd Circ.

    The New York City Department of Education has beaten claims that it owed school bus drivers $100 million in pension payments, with the Second Circuit upholding a New York federal judge’s ruling that the agency had no obligation to contribute to the drivers’ retirement fund.

  • December 11, 2018

    Port Authority Accused Of Collusion In Bid To Fix JFK Taxiway

    The Port Authority of New York & New Jersey colluded with Walsh Construction Company LLC in awarding it a contract for taxiway repair at John F. Kennedy International Airport even though the firm missed the bidding deadline, a rival contractor alleged in New York state court Monday.

  • December 11, 2018

    VW Slams Bondholder's Bid To Redo Emissions Fraud Suit

    Volkswagen has told a California federal judge that a bondholder cannot tack on insider trading claims to a proposed class action alleging it was duped into buying overpriced bonds based on misleading offering documents concealing the German automaker’s 2015 diesel emissions scandal.

  • December 11, 2018

    Climate Report Proves Carbon Regs Must Stick, EPA Told

    The dire conclusions in the blockbuster climate change report recently released by the Trump administration contradict White House efforts to roll back greenhouse gas emissions standards for vehicles and power plants and the proposals should be yanked immediately, dozens of state attorneys general and city and county attorneys said Tuesday.

  • December 11, 2018

    Drone Injury At Wedding Not Covered, Judge Rules

    A California federal judge has ruled that Philadelphia Indemnity Insurance Co. doesn’t have to defend or indemnify a photography company in a lawsuit alleging that its drone blinded a wedding guest in one eye, finding that drone-related injuries fall under policy exclusions for claims stemming from the use of aircraft.

  • December 11, 2018

    Delta Flies Away From $1M 'Wrongful Detention' Suit

    A noted Massachusetts doctor waited too long to file his lawsuit alleging he was wrongly detained by a Delta Airlines Inc. employee, a federal judge said Tuesday, dismissing the $1 million suit due to the rules set forth in the Montreal Convention treaty on international air travel.

  • December 10, 2018

    Intent Is Focus At Trial On Royal Caribbean Passenger Death

    Florida federal jurors were shown five seconds of gritty video that captured a passenger's fatal fall from a Royal Caribbean cruise ship in December 2016 during the first day of a trial Monday that tasks them with deciding whether the incident was accidental or intentional.

  • December 10, 2018

    Ship Has Sailed On Royal Caribbean Injury Suit: 11th Circ.

    The Eleventh Circuit on Monday affirmed a Florida federal court's ruling granting summary judgment for Royal Caribbean in a personal injury lawsuit, finding that the suit was filed too late based on what was clearly stated in the cruise company’s ticket contract.

  • December 10, 2018

    Bankrupt Helicopter Co. Nabs $49M DIP, $650M Stalking Horse

    An Irish helicopter leasing company told a New York bankruptcy court Monday it has secured $49 million in debtor-in-possession financing and a $650 million stalking horse bid for its fleet from another helicopter leasing company.

  • December 10, 2018

    Supreme Court To Review Merchant Seaman Injury Suit

    The U.S. Supreme Court said Friday it will hear a suit brought by an injured merchant seaman seeking punitive damages for the common-law maritime claim of unseaworthiness in a case that will likely resolve a conflict among the Fifth and Ninth Circuits.

  • December 10, 2018

    EU Approves Germany's €350M Per Year Rail Freight Plan

    Europe’s competition enforcer said Monday that it has approved Germany’s plan to invest up to €350 million ($397.5 million) per year over the next several years to help move freight traffic from the roads to the rails, after finding the scheme is in line with the bloc’s state aid rules.

  • December 10, 2018

    Ex-Fisker Auto Board Member Wants Investor Suit Trimmed

    A former Fisker Automotive board member has told a Delaware federal court that stockholders' amended claims either come too late or do not specifically show how the company deceived investors about its financial health prior to declaring bankruptcy.

Expert Analysis

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • What The FAA Act Says About Phones, Seats And Liability

    Timothy Lynes

    The 2018 Federal Aviation Administration Reauthorization Act includes sections that prohibit in-flight mobile phone communication, immunize passive finance parties from state tort liability and address airline seat size standards. The latter section will likely lead to an extensive rule-making process, says Timothy Lynes of Katten Muchin Rosenman LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Prop 65 Compliance Gets More Complicated

    Anne Marie Ellis

    Recent amendments to California's Proposition 65 changed the nature and content of chemical exposure warnings required for many products, substances and locations. Meanwhile, the plaintiffs bar is stepping up its attempts to target Prop 65 violators, says Anne Marie Ellis of Buchalter PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.