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Transportation

  • January 11, 2019

    Siemens, Wabtec Train Control IP Trial To Open In Del.

    An eight-day trial over the alleged infringement of eight Siemens Mobility Inc. patents used in "positive train control" systems is slated to open in Delaware federal court Monday, the culmination of a dispute rooted in broader competition for a multibillion-dollar, multiyear rail network safety upgrade.

  • January 11, 2019

    Enviros Challenge Md. Light Rail Project Water Permit

    Environmentalists on Thursday asked a Maryland federal judge to strike down a U.S. Army Corps of Engineers permit issued for a light-rail transit project, saying the agency failed to consider alternatives that would have less impact on local waterways.

  • January 11, 2019

    Lyft Driver Cannot End Suit To Trigger Appeal, Judge Rules

    A Lyft driver fighting his status as an independent contractor will have to proceed to arbitration, rather than having his case dismissed so he can appeal to the First Circuit, a Massachusetts federal judge ruled Friday in agreeing with the ride-sharing company's argument that the former path will resolve the putative class action more quickly.

  • January 11, 2019

    Air Traffic Controllers Union Sues Feds Over Shutdown Pay

    A union representing thousands of U.S. air traffic controllers sued the federal government on Friday for forcing its members to work without pay since December, joining a number of other labor unions that have taken the Trump administration to court over the ongoing shutdown.

  • January 11, 2019

    Health Hires: Lewis Brisbois, Pierce Bainbridge, Bradley Arant

    Lewis Brisbois Bisgaard & Smith LLP, Pierce Bainbridge Beck Price & Hecht LLP, McGuireWoods LLP, Bradley Arant Boult Cummings LLP, Dentons and King & Spalding LLP are the latest firms to add new health and life sciences talent to their ranks.

  • January 11, 2019

    10th Circ. Upholds Tribal Landowners' Win Over Pipeline Co.

    A Tenth Circuit panel on Thursday affirmed a finding that Enable Midstream Partners LP’s continued operation of a natural gas pipeline on land held in trust for a group of tribal landowners by the federal government constituted trespass, but reversed an injunction that ordered the removal of the pipeline.

  • January 11, 2019

    Texas Aviation Co. Wins Transfer Of Fatal Crash Suit

    Aviation company Flare Air LLC can move a lawsuit brought by the family of a man who died in a plane crash to the county where the crash occurred, a Texas appellate court held Friday, reversing a trial court's ruling that the case stay put.

  • January 11, 2019

    Execs Avoid Prison On SFO Bertling Corruption Convictions

    Four individuals convicted over a bribery and corruption plot at North Sea shipping company FH Bertling Ltd. were sentenced to a total of seven years at a packed London court on Friday, but avoided prison after the judge suspended the sentences.

  • January 10, 2019

    Definition Of Contract Elusive In Airline 'Exit Fees' Suit

    The question of what constitutes the ticket contract for passengers pursuing a putative class action over "exit fees" they claim a Venezuelan airline imposed by surprise before allowing them to depart Miami proved elusive as the airline argued Thursday for the case to be dismissed a second time.

  • January 10, 2019

    Oglala Sioux Tribe Can't Add To DAPL Complaint, Court Says

    A D.C. federal district judge ruled Thursday that the Oglala Sioux Tribe cannot amend its complaint in its challenge to the Dakota Access Pipeline, saying that allowing the tribe to proceed would “derail and substantially delay” the progress of the litigation.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    House Dems Pass Spending Bills, But Impasse Far From Over

    Congressional Democrats rammed two spending bills for a cluster of federal agencies through the House on Thursday even as President Donald Trump doubled down on demanding a border wall and threatened to invoke a national emergency if it’s not funded.

  • January 10, 2019

    Airline Merger Trial Preparing For Takeoff In Bankruptcy Court

    A suit seeking to unwind the long-closed merger between American Airlines and U.S. Airways is heading to trial before a bankruptcy judge in an unusual case that pairs the already rare private post-closing challenge with an even more uncommon forum for antitrust actions.

  • January 10, 2019

    GrubHub Fights Ex-Driver's Bid To Undo Contractor Ruling

    GrubHub told the Ninth Circuit on Wednesday that the California Supreme Court's Dynamex ruling establishing a new worker classification standard doesn't disturb a federal judge's finding that an ex-driver was an independent contractor and not an employee in a proposed class action over unpaid wages and overtime.

  • January 10, 2019

    4 Firms Steer SemGroup, KKR Midstream Joint Venture Deal

    Midstream oil and gas company SemGroup Corp. and private equity giant KKR on Thursday said they agreed to put down nearly CA$1.7 billion ($1.28 billion) in combined assets and cash as part of a deal to form a joint venture aimed at creating a Canadian midstream infrastructure company.

  • January 10, 2019

    Drivers Seek $1.3M Attys' Fees In Fiat Transmission Deal

    A proposed class of drivers asked a New Jersey federal court on Wednesday to grant it $1.25 million in attorneys' fees after striking a deal with Fiat Chrysler to end allegations that the car manufacturer produced vehicles with defective transmissions.

  • January 10, 2019

    Enviro Groups Press Lawmakers To Phase Out Fossil Fuels

    Hundreds of environmental groups including the Center for Biological Diversity signed on to a letter sent to the U.S. House of Representatives on Thursday demanding aggressive action on climate change, advocating for the phaseout of new fossil fuel projects and a transition away from nuclear energy.

  • January 10, 2019

    Fiat Chrysler To Pay Up To $884M To End Emissions Claims

    Fiat Chrysler Automobiles NV has agreed to pay up to $884 million to settle claims that it illegally equipped diesel fuel-powered vehicles with software that enabled them to cheat emissions standards.

  • January 9, 2019

    Uber Wins DQ Of Opposing Attys In Unfair Competition Case

    A California federal judge agreed with Uber Technologies Inc. on Wednesday that a conflict of interest involving its opponents' attorneys at Keller Lenkner LLC is grounds to boot them from a case claiming the ride-hailing company misclassifies its drivers as independent contractors to gain a competitive edge.

  • January 9, 2019

    Investor Suit Against Defunct Carrier Removed To Fed. Court

    The chairman of a local airport authority who was among those named in a $10 million investors suit alleging that now-defunct airline OneJet misled them about its purported abundant financial resources filed Tuesday for removal to Pennsylvania federal court.

Expert Analysis

  • How 'AV 3.0' Changed The Autonomous Vehicle Game In 2018

    Erika Jones

    In its most significant 2018 guidance on the design, testing and deployment of driverless vehicles, the U.S. Department of Transportation articulated core regulatory principles that aim to prioritize safety, maintain technological neutrality and promote nationwide consistency, say Erika Jones and Linda Rhodes of Mayer Brown LLP.

  • 3 Trends That Could Lead To More Auto Patent Litigation

    Michael Summersgill

    The long period of relative patent peace in the automotive industry may be coming to an end due to three new trends. Michael Summersgill and Arthur Coviello of WilmerHale analyze these trends and provide recommendations for preparing for a new period of heightened litigation risk.

  • Is A Federal Shutdown Your Next Holiday Surprise?

    J. Chris Haile

    If the federal government shuts down on Friday, the issues contractors face will vary depending on their government counterparts and individual agreements, but all should assess the likely impacts on their operations and make contingency plans, say attorneys at Crowell & Moring LLP.

  • Will Fed. Circ. Consider The Competitor Standing Doctrine?

    Matthew Dowd

    A major hurdle to the Federal Circuit’s full participation in developing patent law is Article III standing to appeal from the Patent Trial and Appeal Board. Matthew Dowd of Dowd Scheffel PLLC and Jonathan Stroud of Unified Patents examine whether the Federal Circuit will recognize and apply competitor standing for establishing an injury in fact.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Ripe For High Court: Article III Standing In Data Breach Cases

    Ken Kronstadt

    Following Spokeo v. Robins, divergent court decisions have created uncertainty over insurance coverage for data breaches when customers' information is exposed but not misused. The matter of Zappos could provide the U.S. Supreme Court with an opportunity to resolve the split of authority, says Ken Kronstadt of Kelley Drye & Warren LLP.

  • Calif.'s Top Employment Law Developments In 2018

    Mellissa Schafer

    Following an influx of new employment laws enacted in California this year, employers in the state once again have their work cut out for them when it comes to addressing and complying with new legislation that mostly takes effect at the start of 2019, says Mellissa Schafer of Hinshaw & Culbertson LLC.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • Companies Must Beware Street Artists' IP Suits

    Kimberly Almazan

    A California district court recently ruled in Falkner v. General Motors that a graffiti artist may move forward with a copyright infringement lawsuit. This case, among others, is emboldening street artists and muralists to seek legal affirmation of their copyrights, says Kimberly Almazan of Withers Worldwide.

  • The Good News For Nonprofits On Transit Benefit Compliance

    George Constantine

    Nonprofit organizations struggling to comply with a new tax on parking and public transit benefits for their employees received three pieces of somewhat good news on Dec. 10. Attorneys at Venable LLP provide the details.