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April 03, 2025
Southwest Gets Second Shot At Tossing Investors' Outages Suit
A Texas judge said Thursday he plans to rewrite his decision on Southwest Airlines' request to dismiss a shareholder class action over a disastrous 2022 holiday travel season because the Fifth Circuit may require a more thorough record of the extent of the airline's knowledge about the risks of its outdated technology.
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April 03, 2025
Trump Makes First Use Of Mexico Labor Enforcement Tool
The Trump administration called on Mexico to investigate "credible" allegations of worker rights violations at a Mexico City auto parts plant Thursday, marking the Trump administration's first use of a labor-specific enforcement tool first implemented five years ago.
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April 03, 2025
Reed Smith Wants To Pull Out Of Eletson Ch. 11
An attorney from Reed Smith LLP asked a New York bankruptcy judge Thursday to let the firm withdraw its representation of one of two parties vying to control international shipping group Eletson Holdings, noting that opposing counsel has urged it for months to exit the case.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Pa. Transit Agency Beats Appeal In Platform Collapse Case
The Southeastern Pennsylvania Transportation Authority did not have "constructive notice" that a train platform was defective or dangerous before it crumbled beneath a commuter, so it was protected from her lawsuit by sovereign immunity, a state appellate panel ruled Wednesday.
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April 03, 2025
Amazon Bids For TikTok As US Ban Nears, And More Rumors
Amazon has emerged as a last-minute bidder for TikTok, which faces a looming ban in the United States if the popular video app is not separated from its own Chinese owner, while two of China's biggest automakers are pursuing a merger and Brookfield Asset Management is finalizing a deal to acquire Colonial Pipeline Inc. for more than $9 billion.
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April 02, 2025
DC Judge Probes EPA's Reasons For Freezing Climate Funds
A D.C. federal judge on Wednesday pressed a U.S. Department of Justice lawyer about the U.S. Environmental Protection Agency's explanation for cutting off $20 billion in grant money for climate change projects as a trio of nonprofits seek to turn the funding back on.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
Fla. Man Gets 70 Months For Sending Aircraft Parts To Russia
An Arizona federal judge on Wednesday sentenced a Florida resident to nearly six years in prison for illegally exporting controlled aviation technology to Russia, and ordered the forfeiture of the $4.6 million in proceeds he earned through the scheme.
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April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.
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April 02, 2025
Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.
An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.
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April 02, 2025
American Airlines Taps Latham Atty As New Legal Chief
American Airlines announced Wednesday that it has chosen a Latham & Watkins LLP partner to serve as the company's chief legal officer, effective May 5.
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April 02, 2025
Norfolk Southern Investors Appeal Train Derailment Ruling
Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.
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April 02, 2025
National Highway Agency's Ex-Top Counsel Joins Sidley In DC
Sidley Austin LLP has hired the former chief counsel of the agency responsible for oversight of the safety of America's roadways, who joins the firm to co-lead its global automotive and mobility industry group, one of several roles he'll have in its D.C. office, the firm recently announced.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Tesla Asks Del. Justices To Undo $176M Atty Fee 'Windfall'
Tesla urged the Delaware Supreme Court on Tuesday to slash a $176 million attorney fee award granted as part of an excessive director compensation suit settlement, saying it amounts to a "windfall in a case that settled well before trial and after three years of only tepid litigation."
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April 01, 2025
Norfolk Southern Asks Jury To Spread Blame For Ohio Crash
Attorneys for Norfolk Southern Corp. told an Ohio federal jury Tuesday that railcar company GATX Corp. and chemical shipper OxyVinyls should share the blame for the 2023 derailment in East Palestine, along with paying part of the $600 million settlement the railroad reached with businesses and residents within 20 miles of the fiery crash.
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April 01, 2025
GAO Supports VA's Rejection Of Wheelchair Services Bid
The U.S. Department of Veterans Affairs reasonably rejected a business's proposal to provide wheelchair transportation services at an Atlanta medical center for failing to include details about how much it would charge for wait times, the U.S. Government Accountability Office said.
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April 01, 2025
Progressive's $43M Deal Over Car Valuations Nears Final OK
A certified class of more than 151,000 Progressive customers has asked a Georgia federal judge to grant final approval to a $43 million settlement resolving allegations the insurer's units systematically undervalued totaled cars by applying a "projected sold adjustment," and they have sought an attorney fee award of $14.3 million.
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April 01, 2025
Green Groups Sue NY To Spur Climate Regulations
A coalition of environmental groups have asked a New York judge to order the state to issue overdue regulations needed to meet its ambitious greenhouse gas reduction targets.
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April 01, 2025
Court Won't Toss FTC's Merger Penalty Case Against 7-Eleven
A D.C. federal court refused to toss the Federal Trade Commission's case looking to hit 7-Eleven with a $77.5 million penalty for allegedly violating a merger settlement after rejecting arguments that only the U.S. Department of Justice can seek civil penalties for the commission.
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April 01, 2025
NC Judge Affirms $68M Arbitration Award For Volvo
A North Carolina judge affirmed a $68 million arbitration award Tuesday in Volvo Group North America LLC's favor over a Mexican auto parts manufacturer it accused of supplying the company with defective input shafts, an award that Volvo's counsel said is possibly the largest in the Tar Heel State court history.
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April 01, 2025
Judge Tosses Hertz Investor's $126M Short-Swing Profits Suit
A New York federal judge has tossed, for good, a suit against the controlling shareholders of Hertz Global Holdings Inc. that claimed they realized at least $126 million in short-swing profits by selling their shares shortly before the car rental company's directors greenlighted a $2 billion stock repurchase program.
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April 01, 2025
EPA, Citibank Fight States' Bid To Restart Grant Funding
The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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High Stakes In Justices' Review Of Clean Air Act Venue Fights
Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.