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Transportation
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May 01, 2024
5th Circ. Nixes Use Of US Law In Maritime Malaria Dispute
The Fifth Circuit on Wednesday overturned an order permitting an Indian man to invoke U.S. law in his lawsuit accusing a Singaporean ship management company of negligence after he contracted malaria during a trip to Gabon while working aboard a Liberian-flagged cargo ship.
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May 01, 2024
Judge Mulls New Trial For Uber Drivers' Misclassification Suit
A Pennsylvania federal judge on Wednesday seemed poised to start a second trial to determine whether drivers of Uber's high-end ride-share option are independent contractors or employees after a jury deadlocked on the issue in March.
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May 01, 2024
Senate Revs Up For FAA Funding Fight
The U.S. Senate on Wednesday inched toward advancing multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, accelerating debate on a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 01, 2024
9th Circ. Slams Door On Kids' Climate Case
The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.
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May 01, 2024
Mitsubishi's Trial Loss Over Defective Seat Belt Upped To $1B
A Philadelphia judge has bumped up a $980 million verdict for a Mitsubishi driver left paralyzed following a rollover crash, which was blamed on a defective seat belt, to over $1 billion on Monday, after granting the driver's motion to tack on an additional $33 million in delay damages.
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May 01, 2024
Carnival Fails To Ditch 'Far From Perfect' Hot-Soup Suit
Carnival Cruise Lines can't escape a lawsuit seeking to hold it liable for second- and third-degree burns that a passenger suffered when hot soup spilled on her legs, a Florida federal judge has ruled, saying the complaint — "while not perfect" — gets the job done and can survive at this stage of litigation.
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May 01, 2024
6th Circ. May Unbuckle Supplier From Seat Belt Parts Contract
One Sixth Circuit judge seemed prepared Wednesday to free a supplier from a court order to continue fulfilling a seat belt system manufacturer's orders, indicating that he didn't think the terms of the companies' contract obligated them to each other long-term.
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May 01, 2024
Colo. Toll Lane Venture Says Aecom Can't Get Penalty Interest
A Colorado joint venture that formed to construct a state toll lanes project has told a federal judge that he erroneously awarded a design firm penalty interest on a $5.2 million judgment, arguing in a motion that the firm doesn't qualify as a subcontractor under Colorado law.
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May 01, 2024
Georgia Co. Says City Must Pay $5M For Road Project Delays
A Georgia paving company that sued the city of Smyrna for $5 million in damages after it allegedly pushed a multimillion-dollar road construction project past its completion deadline urged the Georgia Court of Appeals on Wednesday to overturn a trial court ruling that freed the city from its claims.
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May 01, 2024
Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row
The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.
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May 01, 2024
DC Circ. Torn Over FERC's San Francisco Power Order
D.C. Circuit judges were undecided as to what Congress intended when it grandfathered certain consumers into a power-carrying agreement between San Francisco and Pacific Gas and Electric Co. in 1992, with the company arguing Wednesday that a recent regulatory order would allow far more consumers into the deal than it was meant for.
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May 01, 2024
Textron Aviation Must Face Questions In Conn. Death Suits
A Connecticut state court judge says a Kansas-based aircraft manufacturer must answer a series of questions about its connections to the Constitution State after being sued over a 2021 plane crash, disagreeing with most of Textron Aviation Inc.'s personal jurisdiction arguments that it need not face additional interrogatories.
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May 01, 2024
Zurich Gets Plane Parts Co.'s COVID Coverage Suit Tossed
An Illinois federal court has tossed an aviation parts supplier's bid to recover up to $30 million in coverage from a Zurich unit for expired items it couldn't access during a period of the COVID-19 pandemic, finding the company failed to sufficiently allege direct physical loss.
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May 01, 2024
Tesla Forces Bias Suit Over Firing Into Arbitration
A California federal judge has thrown out a lawsuit from a former Tesla manager alleging he was fired because he was nearing 60 years old and took medical leave to treat his diabetes, saying an arbitration agreement he signed should be enforced.
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April 30, 2024
Chicago Wants Help Probing Migrant-Moving Bus Companies
Chicago is asking for an Illinois state court's help to enforce subpoenas the city says it issued to learn more about illegal migrant transportation services several bus companies have provided for the state of Texas, saying the companies have ignored its information requests.
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April 30, 2024
Final Biden Enviro Review Regs Puts Onus On Agencies
The Biden administration on Tuesday finalized its second round of revisions to regulations governing federal agencies' environmental reviews, but how agencies weave the new guidelines into their project permitting processes will be where the regulatory rubber hits the road, experts say.
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April 30, 2024
Skadden, Latham Lead Travel Firm Viking's Upsized $1.5B IPO
Private equity-backed cruise operator Viking Holdings Ltd. on Tuesday priced an upsized $1.5 billion initial public offering within its price range, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Latham & Watkins LLP, marking the largest IPO of 2024.
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April 30, 2024
Truck Driver Wins $12M In Illinois Crash Case
An Illinois state jury hit a pipeline construction company with a $12 million verdict over claims that one of its drivers rear-ended a semitruck driver, causing a spinal injury and lifelong pain.
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April 30, 2024
7th Circ. Backs Costco's Win In Gas Price-Matching Feud
The Seventh Circuit on Tuesday upheld Costco's victory against a dozen Wisconsin gas stations that claimed the warehouse giant sold regular unleaded fuel below a statutory minimum markup price that allegedly caused a decline in revenue, finding no evidence showing that Costco's pricing practices caused the stations a single lost sale.
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April 30, 2024
Dust Spray Maker Hit With $7.75M Verdict Over Fatal DUI
The maker of aerosol dust remover has been ordered by a Minnesota federal jury to pay $7.75 million to the husband of a woman who was killed in a car accident by a truck driver who huffed the spray before getting behind the wheel.
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April 30, 2024
Pa. Schools Say Railcar Cos. Must Face Derailment Claims
Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.
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April 30, 2024
House Panel Touts Legislation To Preserve AM Radio In Cars
Lawmakers pushed for legislation mandating that new vehicles come with AM radio capability Tuesday, even as auto industry representatives said the idea would stifle innovation and represent government overreach in the free market.
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April 30, 2024
1st Circ. Says Flyers' JetBlue-Spirit Deal Challenge Moot
The First Circuit has tossed an appeal brought by airline customers who had challenged a since-abandoned merger between JetBlue Airways Corp. and Spirit Airlines in light of the government's successful antitrust intervention.
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April 30, 2024
Colo. Beats Challenge To Fees In Transportation Funding Law
A conservative group has not shown that fees passed in a 2021 transportation funding package in Colorado exceeded the legislature's taxing authority, a state judge said, throwing out the group's challenge to the fees.
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April 30, 2024
EPA Chief Faces House Appropriators Hostile To Agency Regs
Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.
Expert Analysis
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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Opinion
Seafarer Detention Under Ship Pollution Law Must Have Limits
The U.S. Coast Guard should reinstate limits on the number of days that foreign crew members may be forced to remain in the country while the U.S. Department of Justice investigates alleged violations of shipping pollution laws, in order to balance legitimate enforcement interests and seafarer welfare, say attorneys at Blank Rome.
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Opinion
Aviation Watch: Not All Airline Mergers Hurt The Public
The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.