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Transportation
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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.
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April 30, 2024
City Says Workers' Comp Ends $50M Ship Fire Death Suit
The city of Newark, New Jersey, is seeking to toss a $50 million wrongful death lawsuit brought by the families of two firefighters who died in July aboard a burning cargo ship, arguing that accidents that occur in the course of employment are matters to be resolved through the workers' compensation process, not the federal courts.
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April 30, 2024
Gov't Contracts Of The Month: Moon Rover, Doomsday Planes
In April, the U.S. vowed to make a Japanese astronaut the first non-U.S. citizen to step on the moon in exchange for Japan and Toyota's habitable lunar rover and advanced a $13.1 billion effort for new Doomsday planes designed to withstand nuclear warfare. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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April 30, 2024
Conn. Firm Settles Copyright Feuds Over Website Photos
The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.
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April 30, 2024
Husch Blackwell Adds Labor & Employment Litigator In LA
Husch Blackwell LLP announced Tuesday that it is expanding its labor and employment team, adding a litigator who ran his own firm for nearly a decade as partner to its Los Angeles office.
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April 30, 2024
NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees
New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.
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April 30, 2024
Atty Sanctioned Over Missed Depo During Solar Eclipse Trip
A Florida lawyer whose client missed his own deposition while the attorney was solar eclipse viewing has been ordered to pay related attorney fees incurred by AAA as the business fights a gender discrimination lawsuit.
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April 30, 2024
IRS Updates Guidance For Clean Jet Fuel Tax Credits
The Internal Revenue Service released guidance Tuesday that updated an environmental model that manufacturers of a low-carbon alternative to conventional jet fuel, such as ethanol, can use to qualify for a new tax credit and provided a safe harbor for producers to meet the incentive's requirements.
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April 29, 2024
Aviation Co. Fights Delay Of Russian Planes Coverage Suit
A Florida-based aircraft leasing company has pushed back on its insurers' request to pause its coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, saying the insurers' own litigation against reinsurers should have no bearing on its coverage claims.
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April 29, 2024
Ex-Officers Seek Early Win Against Flight Attendant Union
Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."
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April 29, 2024
Split 7th Circ. Clears Insurers In O'Hare Steel Defect Fight
A split Seventh Circuit affirmed Monday a finding that the Chicago O'Hare International Airport canopy's general contractor can't recoup more than $37.5 million in costs from its insurer over cracked welds in the canopy, finding that the defects in the welds and columns don't constitute property damage under its insurance policies.
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April 29, 2024
US, Tribes Defend Water Rule Against States', Biz Groups' Suit
The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.
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April 29, 2024
BNSF Balks At $1.3B Demand For Trespass On Tribal Lands
BNSF Railway Co. has told a federal Washington court to reject a tribe's bid for $1.3 billion in damages from years of illegally running oil cars across tribal territory, arguing that its financial responsibility should be limited to the small land area it trespassed.
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April 29, 2024
NC Justices Urged To Rethink Policy 'Stacking' Limits
A policyholder is urging the North Carolina Supreme Court to walk back a decision that he says will negate insurance coverage when drivers at fault for wrecks are underinsured, arguing the holding conflicts with precedent.
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April 29, 2024
Amtrak Wants Out Of Black Conductor's Bias Suit
Amtrak is urging a Connecticut federal judge to let it out of a Black conductor's lawsuit alleging she was passed over for union committee assignments in favor of less experienced white men and harassed by a superior after she complained, saying her gripes should be directed solely at the union.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.