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Transportation
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature
A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.
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April 04, 2024
Amazon Union Leaders Accused Of Blowing Up Election Deal
An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.
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April 04, 2024
Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says
The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.
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April 04, 2024
EPA Names Nonprofits To Get $20B From New GHG Fund
At least $20 billion is heading out of the U.S. Environmental Protection Agency's door to eight nonprofits that will disburse the money for "green" projects such as distributed energy, net-zero buildings, and zero-emissions transportation projects.
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April 04, 2024
2nd Circ. Vacates Logistics Co.'s $1.8M Damaged Cargo Win
A New York federal court erred by rejecting a Chubb unit's reimbursement bid for an over $1.8 million damaged drug shipment, the Second Circuit ruled Thursday, finding a genuine factual dispute on whether the logistics company in charge was a "contracting carrier" under an international treaty governing air shipments.
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April 04, 2024
BMW Dealer, Claims Manager End $4M Injury Settlement Fight
A South Carolina BMW dealership and its insurers have agreed to end their suit against a claims manager over a $4 million personal injury settlement, with the claims manager also dropping allegations against the dealership's automotive group, according to a notice filed in North Carolina federal court.
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April 04, 2024
Mass. Airline Settles With Feds Over Noncompliant Flights
A small Massachusetts commercial jet operator has agreed to settle a civil complaint by the U.S. government alleging it operated more than 1,000 flights without the required Federal Aviation Administration certifications, according to a filing.
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April 04, 2024
Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit
The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.
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April 04, 2024
Sport Aircraft Maker Icon Hits Ch. 11 With $170M Debt
Light-sport aircraft manufacturer Icon Aircraft filed for Chapter 11 protection in Delaware bankruptcy court Thursday with more than $170 million in debt and plans for an asset sale and liquidation.
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April 03, 2024
We Had No Conflict In Postal Service Bid, Co. Tells Fed Circ.
A company excluded from a U.S. Postal Service explosives detection contract told the Federal Circuit on Wednesday that a claims court judge hadn't justified his ruling that a conflict of interest stemming from the company's previous work for the service couldn't be mitigated.
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April 03, 2024
Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue
The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.
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April 03, 2024
Colo. Says Trial Unnecessary In Transportation Funding Fight
Colorado told a state judge that a conservative group did not need a trial to "further develop the record" in its challenge to a transportation funding law, arguing that the group had its chances in discovery but only named a single witness, who can't testify about how the state law works.
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April 03, 2024
Insurer Wants $38M For Covering Unfinished Road Jobs
An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.
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April 03, 2024
Retailer BJ's Joins Fight Against Conn. Power Lines Project
BJ's Wholesale Club Inc. has joined a sprawling legal fight challenging a Connecticut state agency's approval of an electric transmission line replacement project along the Metro-North railroad corridor in Fairfield and Bridgeport, adding its own lawsuit to a stack of litigation by local governments, churches and others.
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April 03, 2024
Insurer Says Rail Co. Must Pay In $400K Spoiled Chicken Suit
Over $400,000 worth of frozen chicken thighs rotted on the move to Oregon, and an insurer who covered the putrid loss told a South Carolina federal court that the rail company responsible should pay for the screw-up.
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April 03, 2024
NJ Judge Grants Initial OK Of $2.7M EV Maker Investor Deal
A New Jersey federal judge granted preliminary approval to a $2.7 million deal between investors and executives of an electric vehicle company after it went bankrupt, after finding his prior hesitations concerning the deal's notice plan had been resolved.
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April 03, 2024
6th Circ. Won't Revive RV Driver's Ford Chassis Warranty Suit
A Sixth Circuit panel has found that a lower court was correct to rule in favor of Ford Motor Co. in a potential class action claiming it is responsible for fixing alignment issues in recreational vehicles built with the car company's chassis.
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April 03, 2024
3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot
A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.
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April 03, 2024
Auto Insurer Seeks Payback After $2M Car Crash Settlement
A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.
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April 03, 2024
Ethiopian Air Trial Set For November Over Boeing's Objections
An Illinois federal judge said Wednesday that some pending lawsuits over a 2019 Ethiopian Airlines crash will go to trial late this year, despite Boeing's objections that he should hold off on setting a trial date to allow for fruitful settlement negotiations.
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April 03, 2024
Skanska Inks $1.4B Contract To Replace Seattle Bridge
Skanska and Washington's Department of Transportation closed a $1.4 billion bridge replacement contract that aims to update Seattle's Portage Bay Bridge so that it's up to "current seismic resiliency standards," the construction and development company announced.
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April 02, 2024
Amazon Driver Took, Shared Pics of Actor's Home, Suit Says
Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.
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April 02, 2024
Uber Seeks Exit From Texas Riders' Claims In Assault MDL
Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.
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April 02, 2024
Judge Notes There's No 'Jump To Conclusions' Mat In His Court
In throwing out a lawsuit against a luxury car brand, a Delaware federal judge likened an expert report proffered by a patent litigation outfit to the absurd "Jump To Conclusions" mat from the 1999 movie "Office Space."
Expert Analysis
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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2nd Circ. Ruling Clarifies Title VII Claim Standards
The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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3 Personal Jurisdiction Questions Mallory Leaves Unanswered
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.
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9th Circ. Ruling Expands The Horizons Of Debt Discharge
The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in RS Air v. NetJets demonstrates that creditors should not be quick to conclude that their recoveries are limited if a debtor commences bankruptcy and receives a discharge, and should instead consider other potential paths for recovery, like alter ego claims, say Dania Slim and Claire Wu at Pillsbury.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Aviation Watch: When Are Pilots Too Old To Fly?
A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.