• December 4, 2017

    Justices Won't Review Airlines' $40M One-Size-Fits-All Deal

    The U.S. Supreme Court on Monday declined to review a $39.5 million settlement in antitrust multidistrict litigation accusing Societe Air France, Japan Airlines and other airlines of fixing prices for transpacific flights, leaving untouched a deal that was challenged for purportedly having intraclass conflicts.

  • December 4, 2017

    Schlumberger Agrees To Pay $1.35M To End Wage Suit

    A group of mostly former Schlumberger equipment operators and trainees on Friday asked a federal court to sign off on a $1.35 million deal to settle their lawsuit accusing the company of cheating them out of wages.

  • December 4, 2017

    High Court Lets Third Version Of Travel Ban Take Effect

    The U.S. Supreme Court on Monday allowed President Donald Trump’s third travel ban to take effect for the time being, lifting blocks against the ban while the appeals process over the issue plays out.

  • December 4, 2017

    Justices Won't Review Widow's Fraud Suit Against GM

    A widow whose husband and four children were killed in a car crash won’t get another shot at overturning a settlement reached with General Motors Co. despite accusations the automaker hid evidence that could have proved her case, after the U.S. Supreme Court on Monday refused to take up the suit.

  • December 4, 2017

    No Basis For Fuel-Efficiency Penalty Delay, 2nd Circ. Told

    Five Democratic state attorneys general and a trio of environmental groups doubled down on their request that the Second Circuit vacate the delay of an Obama-era rule raising penalties for automakers that don’t meet fuel efficiency standards, arguing Friday that the move violated well-settled law.

  • December 4, 2017

    Dakota Access, Tribes Ordered To Craft Spill Plan

    Dakota Access LLC, the U.S. Army Corps of Engineers and two Native American tribes were ordered by a D.C. federal judge on Monday to coordinate and come up with an oil spill response plan for the controversial Dakota Access pipeline, which is due to the court by April 1.

  • December 4, 2017

    Nissan, Drivers Reach Deal In Timing-Chain Defect Suit

    Nissan North America Inc. agreed Friday in California federal court to partially reimburse drivers who claimed the automaker concealed a defectively designed timing chain tensioning system, allocating costs to repair the component or offering a voucher toward the purchase of a new car.

  • December 1, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen more than a dozen Indian banks sue the co-owner of the Force India Formula 1 team as he faces possible extradition from the U.K., the Nigerian government takes on JPMorgan, and Ace lodges a dispute against Aviva Life.

  • December 1, 2017

    Mich. Residents Sue GM Alleging Salt Damage To Property

    Six residents who live near General Motors’ Milford Proving Ground filed a putative class action suit against the carmaker Thursday in Michigan state court over allegations that the company’s testing facility added large amounts of salt to the groundwater reducing its quality and lowering property values.

  • December 1, 2017

    DC Circ. Won't Revive Suit Over Israeli Ship Attack

    The D.C. Circuit on Friday affirmed the dismissal of a suit accusing Israel of ordering an illegal raid on the Gaza Freedom Flotilla while it was bringing aid and medical supplies to Gaza Strip residents, finding the district court doesn’t have jurisdiction over a foreign state.

  • December 1, 2017

    Ohio City Asks 6th Circ. To Pull State Nexus Pipeline Permit

    A city in Ohio told the Sixth Circuit on Friday that the state’s decision to grant a water quality certificate for the $2.2 billion Nexus pipeline should be nixed and the process should be restarted, arguing that it was completed without all the relevant information or a proper alternatives analysis.

  • December 1, 2017

    3rd Circ. Denies Full Court Redo In Traveler's TSA Dispute

    The Third Circuit on Friday said it will not revisit a panel’s finding saying that Transportation Security Administration airport screeners cannot be sued for allegedly retaliating against travelers who exercise free speech, delivering a blow to an architect who said he was falsely accused of making a bomb threat.

  • December 1, 2017

    Chrysler Says Customers' Clutch Claims Aren't Common

    A California federal court shouldn't certify a proposed class of Dodge Dart owners alleging clutch defects, Fiat Chrysler said Thursday, arguing the class definition is too broad and that there is no common defect among the would-be class members, among other reasons.

  • December 1, 2017

    Conrail Says Insurers Won't Pay For Bridge Replacement

    Conrail told a New Jersey federal court Thursday that a trio of insurers is refusing to pay the cost of replacing a drawbridge damaged in a train derailment, instead insisting Conrail should have repaired an antique bridge that did not meet federal standards.

  • December 1, 2017

    Siren Co. Asks 3rd Circ. To Uphold Fees In Firefighter Scrap

    Siren manufacturer Federal Signal Corp. urged the Third Circuit on Thursday to affirm an award for costs and fees issued by a Pennsylvania federal judge after finding attorneys for a proposed class of firefighters suing over hearing loss failed to conduct due diligence before filing the suit.

  • December 1, 2017

    Justices To Hear Appeal In Tesla Unit Antitrust Suit

    The U.S. Supreme Court agreed Friday to hear the appeal of an Arizona utility that wants to immediately challenge a lower court's determination the power company must face an antitrust suit brought by Tesla subsidiary SolarCity Corp.

  • December 1, 2017

    Lufthansa Offers Concessions For €210M Air Berlin Buy

    Deutsche Lufthansa AG offered Europe’s antitrust enforcer concessions Thursday for its plan to purchase €210 million ($238.1 million) in assets from the beleaguered Air Berlin PLC after the commission found that the deal could hurt competition.

  • December 1, 2017

    Lyft, Jobcase Told To Mediate Consumers' Spam-Text Claims

    A Florida federal judge on Friday ordered ride-hailing giant Lyft Inc. and employment social network Jobcase to resolve in mediation a proposed class action over allegedly unsolicited spam texts, just three weeks after the suit was filed.

  • December 1, 2017

    Calif. Appeals Panel Remands CEQA Rail Line Dispute

    A California appeals court has remanded an environmental challenge to the North Coast Railroad Authority’s proposal to revive a line in Northern California, months after the state Supreme Court said federal law does not preempt the California Environmental Quality Act on a state-owned rail project.

  • November 30, 2017

    Feds Charge 13 In Hack Of Ride-Hailing Drivers' Accounts

    New York federal prosecutors revealed charges against 13 people allegedly responsible for hacking into ride-hailing companies’ drivers’ accounts and siphoning money out, saying Thursday that the team stole millions from company accounts to enrich themselves.

Expert Analysis

  • How Tax Reform May Hit Aircraft Owners’ Pocketbooks

    Sandra Shippey

    If proposed tax reform legislation passes as written, owners of physical assets such as corporate aircraft would not be able to defer taxable gains when upgrading to newer aircraft. This could negatively affect, among other industries, aircraft manufacturers, resellers, brokers, appraisers, insurers and lenders, says Sandra Shippey of Procopio Cory Hargreaves & Savitch LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • Natural Gas Market Design May Be Failing Consumers

    Levi McAllister

    Domestic energy producers face challenges in predicting consumer demand for electricity and natural gas, and in responding to daily fluctuations in consumption. A recent academic paper highlights design characteristics of the natural gas market that may contribute to these challenges, say attorneys with Morgan Lewis & Bockius LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • New Cuba Sanctions Signal Increased Commercial Challenges

    Emerson Siegle

    The new amendments to the Cuban Assets Control Regulations and the Export Administration Regulations mark a significant change in U.S. policy toward Cuba. Companies will have to reassess the potential benefits of doing business in Cuba against the potentially high costs of complying with the sanctions, say Emerson Siegle and Brendan Hanifin of Ropes & Gray LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.