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April 23, 2024
FCA Says Virtual Order Spells End Of In-Person Depositions
Automaker FCA is sounding the alarm that in-person depositions in the Eastern half of Michigan are in jeopardy if a federal magistrate judge's ruling allowing remote depositions in a class action isn't overturned, arguing the supposed "judicial efficiency" rationale is too easily satisfied.
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April 23, 2024
Chinese Foam-Making Chemicals Dominate Market, Co. Warns
The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.
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April 23, 2024
Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay
Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.
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April 23, 2024
Blue States Leap To Defend EPA Vehicle Emissions Rule
California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.
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April 23, 2024
Baltimore Sues Owners Of Ship That Crashed Into Key Bridge
Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.
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April 23, 2024
Blank Rome Attys Defend Lawsuit Called A 'Pound Of Flesh'
Partners with BigLaw firm Blank Rome LLP said they had legitimate reasons to file a lawsuit against a former attorney from the firm, rejecting accusations that their lawsuit was an effort to punish their ex-colleague for switching to the plaintiffs' bar.
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April 23, 2024
Bike Parts Co. Investor Wants Scott + Scott For Class Counsel
An investor suing a Georgia bicycle parts maker has asked a federal district court to appoint Scott + Scott Attorneys At Law LLP and the Schall Law Firm lead counsel in litigation alleging the company hid from shareholders slumping sales and demand.
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April 23, 2024
9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries
The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.
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April 22, 2024
Ship Captain Can't Get New Trial Over Boat Fire That Killed 34
A California federal judge on Monday denied a new trial bid by a captain convicted of manslaughter in connection with a deadly boat fire, rejecting his argument that the judge issued an erroneous jury instruction, causing the jury to overlook a lesser alternative charge of gross negligence endangering a person's life.
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April 22, 2024
Uber Can't Ditch All Drivers' Pay Claims, Ill. Judge Says
Three Uber drivers claiming they're unlawfully classified as independent contractors and therefore paid illegally must arbitrate those proposed collective claims, but one driver who fought the issue in a previous case can pursue his claim in court, an Illinois federal judge said Monday.
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April 22, 2024
Mich. Justices To Settle When Juries Make Crash Injury Call
Michigan's Supreme Court has said it would hear oral arguments in the case of a teen whose college baseball prospects may have been cut short by a car crash, as the court considers who should decide if an injury is serious enough to support a claim against the at-fault driver.
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April 22, 2024
Estate Rep, Not Trustee, Ruled Proper Defendant In Death Suit
A Minnesota appeals panel has thrown out a wrongful death suit filed by the daughter of a passenger killed in a car-motorcycle crash, saying that under state law she needed to file the suit against the personal representative of the driver's estate, not its trustee.
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April 22, 2024
GM, Others Sued For Sharing Driver Data With Insurers
Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.
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April 22, 2024
Man Keeps $1.8M Verdict In Calif. Auto Crash Injury Suit
A California appeals court won't upend a nearly $1.8 million verdict in favor of a man who said he was injured following a low-speed automotive rear-ending, saying the evidence was enough for the jury to conclude his active lifestyle was effectively ended by injuries from the crash.
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April 22, 2024
Oregon Judge Won't Delay Youth Climate Trial
An Oregon federal judge denied the U.S. Department of Justice's 14th request to pause a suit filed by young people claiming their rights are being violated by federal policies that are worsening climate change, and also told the Ninth Circuit to reject the agency's latest attempted appeal in the long-running litigation.
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April 22, 2024
Cos. Want Ga. Firm Punished For 'Impossible' COVID-19 Suit
A Georgia law firm should face sanctions for pursuing claims that several ship operators infected a longshoreman with COVID-19 since those claims were "factually impossible" and their sanctions motion was filed on time, the companies told a Georgia federal court.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Hyundai, Kia Drivers Want $13M Fees In Car Theft Defect Deal
A consumer class of Hyundai and Kia drivers who claimed that the companies knowingly sold them cars with defects that made them easy to steal asked a California federal judge for final approval of their $145 million deal, with $13.4 million in fees, after an objector said the deal wasn't enough.
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April 22, 2024
Airline Fires Male Pilot Over Earring, Sex Bias Suit Says
Republic Airways fired a pilot because he wore an earring to work in violation of a company appearance policy that unlawfully discriminates against workers based on gender expression, the pilot told a New York federal court Monday.
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April 22, 2024
Justices To Mull Atty Fees For Preliminary Injunctions
The U.S. Supreme Court on Monday agreed to hear a case that could determine whether litigants can receive attorney fees for "prevailing" in a case by winning a preliminary injunction, despite never securing a final judgment.
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April 22, 2024
Supreme Court Denies Amazon Bid To Review Arbitration Scope
The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.
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April 22, 2024
Justices Won't Hear Bakery's Arbitration Exemption Case
The U.S. Supreme Court on Monday declined to again examine a carveout to a federal arbitration law for interstate transportation workers, in a case involving baked goods delivery drivers, after already issuing a decision in a similar case.
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April 22, 2024
Justices Won't Weigh If Domino's Drivers Arbitration-Exempt
The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.
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April 19, 2024
Hearst, Security Co. Ignored Stalker Delivery Driver, Suit Says
A Houston woman has accused a Hearst Newspapers LLC delivery driver in state court of repeatedly harassing her and engaging in stalking behavior, adding that the parent company of the Houston Chronicle and a security company were negligent in ignoring her complaints about him.
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April 19, 2024
Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'
Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.
Expert Analysis
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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Musk Pay Package Ruling Offers Detailed Lesson On Del. Law
Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Opinion
Aviation Watch: Navigating The Air Traffic Control Crisis
After a recent Federal Aviation Administration report identified significant deficiencies in air traffic control staffing, equipment and funding that compromise U.S. aviation safety, it is vital that the FAA act to limit the volume of traffic to what air traffic control can safely manage with available resources, says Alan Hoffman, a retired attorney and aviation expert.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.