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Transportation
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May 22, 2024
Fla. Judge Blocks Immigrant Transport Law During Litigation
A Florida federal judge on Wednesday temporarily blocked the state from enforcing a new law that criminalizes the transportation of unauthorized immigrants, saying the law intrudes on the federal government's authority over immigration matters.
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May 21, 2024
BNSF Judge Said Trespass Payout Will Be Distance-Based
BNSF Railway Co. will have to give up profits from at least part of its 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, a federal judge ruled Monday.
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May 21, 2024
Questions Abound As Fed. Circ. Scraps Design Patent Tests
By discarding established tests for proving that design patents are invalid as obvious Tuesday, the full Federal Circuit has opened the door for new invalidity arguments and created uncertainty by not providing much guidance on how courts should evaluate them, attorneys said.
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May 21, 2024
Texas Panel Says Mallory Ruling Has No Home There
A Texas appellate court has upheld a ruling preventing a Dallas car repair services company from litigating a trade secrets case there against a Michigan rival over allegedly hiring away a former executive, holding that the U.S. Supreme Court's Mallory decision last year doesn't do much in Texas.
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May 21, 2024
Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge
Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.
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May 21, 2024
Quarry Not Liable For Dirt Bike Accident, NJ Panel Says
The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.
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May 21, 2024
Slovenian Fishermen's Maritime Border Cases Get Tossed
A European court has denied three Slovenian fishermen's cases against Croatia over their ability to fish in disputed Adriatic Sea waters, finding that it doesn't have the jurisdiction to rule on the validity of a 2017 arbitration award setting out the maritime boundary between the two countries.
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May 21, 2024
Nixing Green Energy Tax Perks Would Be Tough For Trump
Former President Donald Trump has vowed to scrap Democrats' signature 2022 climate law should he get reelected in November, but following through on that campaign promise could prove difficult amid bipartisan support for many of the law's clean energy tax incentives and a potentially divided Congress.
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May 21, 2024
NYC Pension Funds Call For 'No' Vote On Musk's Tesla Pay
Five New York City pension funds have joined with seven other Tesla Inc. institutional investors in calls for stockholders to vote down CEO Elon Musk's once-$56 billion compensation plan and vote out two board allies, branding the pay excessive and the two directors too close to Musk.
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May 21, 2024
6th Circ. Won't Restart GM Engineer's Age Bias Suit
The Sixth Circuit on Tuesday backed General Motors' defeat of an engineer's lawsuit claiming he was harassed and transferred to less lucrative jobs because he's over 50, ruling he failed to show that a supervisor's sporadic comments created a hostile work environment.
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May 21, 2024
Towing Co. Denies Liability For Chicago Scrapping Rule
Chicago's contracted towing company says it is not the "moving force" behind a policy at the center of a proposed class action by Windy City residents whose vehicles were scrapped because they failed to pay tickets.
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May 21, 2024
TotalEnergies Hit With Climate Criminal Complaint In France
Three environmental groups, alongside eight victims of climate change, filed a criminal complaint on Tuesday in Paris against French petroleum company TotalEnergies' board of directors and main shareholders for their alleged contribution to climate change and its impact on humans and the environment.
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May 21, 2024
Feds Fight Philly Port Authority's River Expansion Suit
The U.S. Army Corps of Engineers has denied allegations made by the Philadelphia Regional Port Authority that building a new port on the Delaware River southwest of Philadelphia would cut off shipping business to the city in favor of the First State.
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May 21, 2024
Martha's Vineyard Pot Shop Battles State Transportation Rules
A shuttered Martha's Vineyard cannabis dispensary said Tuesday that Massachusetts regulators are overreaching by banning the transport of marijuana over state territorial waters, arguing that the move has threatened permanent closure for the island's only retail location and a return to illicit sales during the impending summer vacation season.
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May 21, 2024
Attys Accused Of Botching NC Suit By Missing Filing Deadline
The parents of two children who died in a car fire are suing their former attorneys in North Carolina federal court for malpractice, alleging they dropped the ball on filing the pair's wrongful death claims against a seat belt manufacturer before the deadline passed.
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May 21, 2024
DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order
The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Full Fed. Circ. Throws Out 'Rigid' Tests For Design Patents
The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.
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May 21, 2024
3rd Circ. Revives American Airlines Pilots' Military Leave Suit
The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.
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May 20, 2024
Startup Admits Sharing IP With Boeing After Supposed Swipe
The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.
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May 20, 2024
GM Cleared Of 'Inequitable Conduct' Accusations In Patent Row
A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.
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May 20, 2024
SEC Says Firm Broke Short-Selling Rules During Pandemic
An Austin, Texas-based trading firm has agreed to pay $1.5 million as part of a deal to end U.S. Securities and Exchange Commission claims it unlawfully bought follow-on offering shares of companies it had just shorted, including those of cruise ship companies bruised by 2020 COVID-19 outbreaks.
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May 20, 2024
Fed. Circ. Says Co. Wrongly DQ'd From USPS Screening Deal
The Federal Circuit has revived a company's potential eligibility for U.S. Postal Service canine mail screening contracts, ruling the USPS reasonably found the company had mitigated conflicts of interest related to its prior work for the service.
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May 20, 2024
Tesla Pushes Charging Station Patent Suit Out Of Texas
Despite Elon Musk's decision to move the headquarters of his company to the Western District of Texas, Tesla was able to persuade a federal judge in Austin to send an infringement suit targeting its charging stations to California, where the company was previously based.
Expert Analysis
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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New Eagle Take Permit Rule Should Help Wind Projects Soar
The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Takeaways From EPA's New Methane Emission Rules
Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.