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June 05, 2024
Nissan Driver's Injuries Came From Head Strike, Surgeon Says
A Nevada neurosurgeon told a jury Wednesday that the neck injuries he saw on a Nissan driver whose airbags allegedly misdeployed were "objectively" caused by a strong force against the forehead, despite a radiologist's differing opinion.
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June 05, 2024
9th Circ. Won't Review Cathay Pacific Ticket Refund Fight
The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.
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June 05, 2024
Mich. Justices Say Train Co. Must Face Jury In Collision Case
Michigan's top court said Grand Trunk Western Railroad Co. may be liable for a train's collision with a teenager who was walking on the tracks wearing headphones, finding a reasonable jury could conclude the conductors did not do enough to avoid hitting the boy.
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June 05, 2024
Worker's Sexual Harassment Suit Against Fiat Gets Tossed
A Michigan federal judge has tossed a Fiat Chrysler employee's sexual harassment and retaliation claims against the company over the alleged actions of her union steward, saying the worker hadn't responded to a court order.
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June 05, 2024
Hertz Hit With Shareholder Suit Over Costs Tied To EVs
Car rental giant Hertz Global Holdings Inc. and two Hertz executives are facing a proposed investor class action in Florida federal court alleging the company hurt investors by overhyping demand for electric cars only later to announce a nearly $200 million hit to earnings as it worked to offload electric vehicles.
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June 05, 2024
Del. Justices Uphold Chancery's Toss Of Auto Parts Deal Suit
Delaware's Supreme Court has refused to reverse the Court of Chancery's 2023 dismissal of a stockholder suit accusing Chicago-based factory and automotive parts venture Distribution Solutions Group Inc. of failing to disclose conflicts surrounding and costs of a three-way merger in late 2021.
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June 05, 2024
Colo. To Exempt Modular Homes From Sales Tax
Colorado will exempt new modular home sales from state tax under a bill signed into law by Gov. Jared Polis.
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June 05, 2024
NY Gov. Indefinitely Halts Manhattan Congestion Pricing
New York Gov. Kathy Hochul on Wednesday shelved congestion pricing just weeks before officials were set to implement a fee for vehicles entering Manhattan's busiest corridor, in a dramatic about-face following intense backlash and litigation from residents and business owners grappling with the high cost of living.
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June 05, 2024
AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo
An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.
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June 05, 2024
Black Jurors Wrongly Excluded From Fla. Trial, 11th Circ. Told
A Florida attorney on Wednesday urged an Eleventh Circuit panel to revive his federal complaint against the city of Orlando, saying the wrong statute of limitations standard was used to dismiss a lawsuit alleging his civil rights were violated when opposing lawyers had Black jurors removed from his personal injury trial against the city.
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June 05, 2024
Billionaire's 'Naive' Stock-Trading Pilot Asks For No Prison
A private pilot for U.K. billionaire Joe Lewis is asking for no prison time after pleading guilty to insider trading on stock tips provided by his boss, arguing that he has otherwise lived a law-abiding life and is less culpable than many white-collar defendants who've come through the Manhattan federal court.
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June 04, 2024
Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici
Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.
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June 04, 2024
PE Firm Tells 5th Circ. It Got Pushed Out Of EV Co. Acquisition
Texas-based private equity company Ancor Holdings LP says it got pushed out of an acquisition deal by another private equity group it brought in as backup, arguing in oral arguments at the Fifth Circuit on Tuesday that a binding letter of intent means it's entitled to future profits.
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June 04, 2024
Atty's Argentine Uber Debut Fight Lands At Calif. High Court
Barring fraudulent concealment claims under the so-called economic loss doctrine would create "perverse incentives" for people to draw others into contracts and "have their way with them," the California Supreme Court was told Tuesday by counsel for an Argentinian attorney suing Uber on allegations it hid crucial information from him.
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June 04, 2024
Ex-Startup CEO Gets 3-Year Sentence For Embezzling $5.9M
A D.C. federal judge on Tuesday sentenced the founder and former CEO of an alternative energy startup to three years of incarceration for embezzling $5.9 million from his company to fund what the judge called "a lavish, and to some extent ridiculous, lifestyle."
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June 04, 2024
Airbus' Satcom Unit Fined $44K For Anti-Boycott Violations
The U.S. Department of Commerce announced a penalty of $44,750 against Airbus DS Government Solutions Inc. on Tuesday after the company self-reported three violations of federal regulations prohibiting U.S. companies from supporting boycotts against Israel.
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June 04, 2024
Airlines Seek Shield From Chicago's New Paid Sick Leave Law
The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.
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June 04, 2024
Amazon Union Moves To Fold Into Teamsters Amid Struggles
The Amazon Labor Union, an independent union representing workers at a warehouse in Staten Island, New York, has taken steps to affiliate with the Teamsters ahead of an election to seat new officers.
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June 04, 2024
Differences In Lost Car Resale Value Doom Class Certification
A Massachusetts judge has concluded that a group of drivers who want insurers to cover the lost value of their vehicles following crashes still can't show how liability could be established without an individualized assessment, dooming their latest bid for class certification.
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June 04, 2024
Ex-NFL Player Settles With Former Partner In Colo. Reptile Biz
Former NFL player Chadwick Brown has settled a lawsuit with his former business partner in a Colorado reptile shipping company less than a month before trial, resolving allegations that Brown tried to strip the former partner of his stake in the company, according to a recently filed notice in state court.
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June 04, 2024
GM Ends Ga. Crash Suit That Nearly Forced CEO To Testify
General Motors and the widower of a woman whose death was alleged to have been caused by one of its vehicles have reached an agreement to end long-running wrongful death litigation that at one point threatened to force the company's CEO to testify, the parties said.
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June 04, 2024
Alaska Airlines Passengers Drop Boeing 737 Blowout Suit
A group of passengers has agreed to drop claims against The Boeing Co., supplier Spirit AeroSystems and Alaska Airlines over the Jan. 5 mid-flight door plug blowout on a Boeing 737, according to a stipulated dismissal notice filed in Washington state court.
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June 04, 2024
Aircraft Engine Co. Aims To Sink Suit Of Its Former Attorney
An aircraft engine manufacturer sued by its former attorney over what she said was a malicious lawsuit against her for leaving to represent plaintiffs suing the company has asked a federal judge to toss her Dragonetti Act case.
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June 04, 2024
Ga. Man Sues Feds Over USPS Crash Injuries
The federal government, U.S. Department of Justice, U.S. Postal Service and a USPS driver are being sued by a man who said he spent more than $14,000 to treat injuries he sustained during a collision purportedly caused by the USPS driver's failure to yield while turning left.
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June 04, 2024
Senate Energy Panel Advances Trio Of FERC Nominees
A U.S. Senate energy panel on Tuesday advanced a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, with the panel's chairman hinting that new energy infrastructure permitting legislation is also on the horizon.
Expert Analysis
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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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Litigation Inspiration: 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.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.