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May 22, 2025
What's Next As DOJ Mulls Dropping Boeing Criminal Case
Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.
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May 22, 2025
'Circular Firing Squad' Is Stalling Romance Case, Judge Says
A Texas federal judge told Jackson Walker LLP and Kirkland & Ellis LLP that they were stuck in a "circular firing squad" in a debate over whether the former CEO of a defunct barge company could sue the firms over a former bankruptcy judge's secret romance with an attorney.
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May 22, 2025
EPA Warns States, Tribes On Clean Water Act Authority
The U.S. Environmental Protection Agency on Thursday warned states and tribes that their authority under the Clean Water Act to veto certain water quality certifications shouldn't be used to "shut down projects" for concerns outside the law's scope.
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May 22, 2025
Alaska Airlines Grilled In Wash. COVID Workers' Comp Case
Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.
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May 22, 2025
At NY Show, The Trial Is Fake But The Entertainment Is Real
Playing at Irondale in Brooklyn, production company Fever's "The Jury Experience" seeks to capitalize on the trend of immersive, interactive entertainment by giving members of the public a chance to take part in something conventional wisdom says they'd normally try to avoid — jury duty.
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May 22, 2025
Medical Pot Patient's Bias Suit Against Penske Can Proceed
A Pennsylvania federal judge has refused to dismiss a discrimination case brought by a medical marijuana patient alleging a unit of Penske Corp. unlawfully rescinded his job offer.
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May 22, 2025
Tire Co., EEOC Resolve Guatemalan Harassment Suit
A Massachusetts scrap tire facility agreed to pay $250,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit claiming the company's owner used derogatory language toward Guatemalan workers and threatened them with deportation, according to a Thursday filing in federal court.
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May 22, 2025
Congress Kills Calif. EV Program Waiver, Other Climate Rules
Congress on Thursday sent President Donald Trump four resolutions undoing U.S. Environmental Protection Agency actions, including the Biden-era approval of California's effort to ban the sale of gas-powered vehicles in the state, drawing a promise of litigation from the state.
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
Contractor Settles DOJ's Aircraft Adhesive FCA Allegations
A federal contractor paid to make an external pod to carry communications equipment on military aircraft agreed to pay $512,000 to resolve allegations that it misrepresented or omitted important information regarding the adhesive used in a prototype as well as the testing procedures used on that prototype.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
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May 21, 2025
Judge Prolongs Pause On Trump's HUD, DOT Grant DEI Limits
A Washington federal judge Wednesday extended a block on federal grant conditions limiting homelessness aid and transportation funding to recipients who align with the Trump administration's policies against diversity and inclusion programming, as nearly two dozen localities joined New York, San Francisco and others challenging the terms.
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May 21, 2025
Judge Warns Attys Using AI To 'Advocate — Not Hallucinate'
A Florida federal judge on Tuesday sanctioned two attorneys in a shipping contract dispute for filing a brief that included a nonexistent case citation added by artificial intelligence, warning lawyers that they must "carefully evaluate, elucidate and advocate — not hallucinate" in their legal briefs.
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May 21, 2025
USAA's $3.25M Data Breach Deal Granted Final OK
Customers of USAA have received final approval for their $3.2 million settlement agreement to resolve claims that cybersecurity shortcomings affecting the bank's online insurance quote system paved the way for cybercriminals to open fraudulent memberships.
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May 21, 2025
Tesla Cites Nat'l Security In Bid To Keep PTAB Challenge Alive
Tesla Inc. has argued that "national security interests" support its Patent Trial and Appeal Board challenge to a digital camera patent that it's accused of infringing, urging the U.S. Patent and Trademark Office's acting director to reject the patent owner's bid to toss the challenge under new board procedures.
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May 21, 2025
SC Judge Restores Frozen Federal Grant Funding
A South Carolina federal judge ordered the Trump administration to restore 32 grants funded by the Inflation Reduction Act and the Infrastructure Investment and Jobs Act after the government said it wasn't contesting the merits of the grant recipients' claims.
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May 21, 2025
Gold Mine Risks Alaska Preserve And Whales, Tribe Claims
An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.
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May 21, 2025
Insurer Demands Shipper Pay $480K For Spoiled Crabmeat
An insurer asked a New York federal court on Wednesday to force a Taiwanese shipper to pay over $480,000 for crabmeat that the carrier alleged was spoiled en route from the Philippines to Norfolk, Virginia.
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May 21, 2025
American Tells United To Butt Out Of O'Hare Gate Dispute
American Airlines has urged an Illinois federal court to not allow rival carrier United to intervene in its lawsuit alleging the city of Chicago breached its contract with the airline by reassigning gate space at O'Hare International Airport, arguing its competitor has no right to wade into a case concerning "a lease to which it is not a party and which grants it no rights or benefits."
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May 21, 2025
Pa. Justices To Mull State DOT Liability For Hanging Branches
The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.
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May 21, 2025
Ford Hits Calif. Firms With RICO Suit Over Lemon Law Billing
The Ford Motor Co. sued several California-based law firms and lawyers in Los Angeles federal court Wednesday, accusing them of conspiring to overcharge clients and defraud major automotive manufacturers by more than $100 million by submitting falsely inflated time sheets in thousands of consumer protection cases.
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May 21, 2025
Simpson Thacher, Hogan Lovells Guide $1.75B Shipping Deal
Typewriter Ascend Ltd., an entity backed by Stonepeak and affiliated with container leasing firm Textainer, has agreed to acquire Global Sea Containers Ltd. from China's Bohai Leasing Co. in a deal valued at $1.75 billion.
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May 20, 2025
FWS' New 'Harm' Proposal Draws Praise, Concern For Species
Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.
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May 20, 2025
4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury
The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.
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May 20, 2025
5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play
Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.