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Transportation
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May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit
Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
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May 06, 2025
Fed. Circ. Agrees Plane Taxability Patent Doesn't Fly
The Federal Circuit on Tuesday refused to revive an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft," agreeing that it covered subject matter that isn't patentable.
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
$7.5M Verdict For Oil Co. 'A Calamity Of Errors,' Court Told
A Houston Ship Channel storage facility has asked a Texas appeals court to undo a $7.6 million award in favor of an energy company that contracted for dock space, writing that the trial court's interpretation of their contract set off "a calamity of errors."
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May 06, 2025
6th Circ. Backs End To Auto Co. 401(k) Fee Suit
The Sixth Circuit affirmed on Tuesday the dismissal of a proposed class action from Denso International America Inc. workers who alleged mismanagement of their 401(k) plan, backing a Michigan federal court's decision to toss excessive recordkeeping fee claims against the auto parts manufacturer for a lack of specifics.
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May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall
An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
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May 06, 2025
Car Seat Maker Sued Over Faulty Recall, Replacement Parts
Kids' product maker Dorel Juvenile Group Inc. recalled car seats with a headrest cover that posed a choking hazard to young children, then sent customers new parts that do not solve the problem, according to a proposed class action.
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May 06, 2025
Cozen O'Connor Hires Maritime Admin's Former Chief Counsel
Cozen O'Connor has hired the former chief counsel at the U.S. Department of Transportation's Maritime Administration, who advised the agency's leader on environmental, fiscal and administrative law issues and has helped promote the maritime industry more broadly throughout his career.
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May 06, 2025
Aviation Co. Says Workers' Class Action Too Broad
Former employees' bid to certify a class of more than 200 individuals who were abruptly terminated should be rejected, an aviation company told a Florida federal court, saying none of the proposed members reported to the same site and some of the workers were rehired.
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May 05, 2025
Class Cert. Partially Granted In Auto Insurance Discount Case
A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.
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May 05, 2025
Stewart Revives Vehicle Tracking Patent, But May End IPR
The acting head of the U.S. Patent and Trademark Office has found that the Patent Trial and Appeal Board flubbed its analysis when it invalidated claims in a vehicle tracking technology patent challenged by Verizon Connect in an inter partes review.
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May 05, 2025
High Court Won't Touch $44M Award In Deadly Navy Crash
The U.S. Supreme Court has dashed Energetic Tank Inc.'s hopes of its own payout from the U.S. Navy over a deadly 2017 tanker ship collision that it says was the government's fault, after the Second Circuit declared the Navy immune from the company's counterclaims and left it on the hook for $44.5 million in damages.
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May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project
A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
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May 05, 2025
Ex-Supervisor Says Carvana Fired Him Because Of Disability
A former manager for used car giant Carvana has hit the company with a lawsuit alleging that he was fired for taking time off while disabled and that the company told him as much when it let him go last year.
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May 05, 2025
Amazon Seeks To Exit Prime Subscribers' Slow Delivery Suit
Amazon is urging a Washington federal judge to toss a proposed nationwide class action accusing the e-commerce giant of excluding Prime members in poorer ZIP codes from expedited delivery benefits, saying its subscription terms have always informed customers upfront that shipping speeds vary by geographic area.
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May 05, 2025
Sunoco Expands Into Canada With $9.1B Parkland Acquisition
Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.
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May 05, 2025
Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim
Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.
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May 05, 2025
American Airlines Sues Chicago Over O'Hare Gate Space
American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.
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May 05, 2025
Enviro Groups Push Back On Bid To Toss CSX Rebuild Suit
Environmental groups American Whitewater and American Rivers are fighting bids by U.S. government agencies and CSX Transportation Inc. to throw out their claims that the agencies wrongly permitted CSX to rebuild chunks of its railroad destroyed by Hurricane Helene, saying the complaint is sufficient to allege the agencies acted arbitrarily and capriciously.
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May 02, 2025
DOJ's Climate Change Suits Test Feds' Powers In State Affairs
The Trump administration's new lawsuits challenging state-level efforts to combat climate change are an unprecedented approach, several environmental attorneys say, and will test the judiciary's view of federal interests in state matters.
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May 02, 2025
DC Circ. To Decide If 14 Miles Of Trains Is Too Many
The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.
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May 02, 2025
O'Reilly Auto Pregnant Worker Suit Geared Up For Wash. Trial
The Washington State Attorney General's Office may proceed to trial with claims that O'Reilly Auto denied pregnant employees' accommodation requests it was legally required to grant, an Evergreen State judge said Friday, while trimming certain retaliation claims from the suit.
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May 02, 2025
11th Circ. Urged To Revive Fla. Suit Over Car Co. Buybacks
An investor urged the Eleventh Circuit on Friday to revive his claim that the CEO of a Florida company that develops navigation technology for self-driving cars improperly made nearly $24 million from share buybacks, saying his "indirect pecuniary" interest in the transaction precludes him from profits under federal law.
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May 02, 2025
Omnitracs Alleges Religious Bias In IP Trial Tainted Outcome
A fleet management company relied on making "improper religious and racial insinuations" to a jury, along with other concerning behavior, in order to beat a rival's infringement claims, the patent owner told a California federal judge.
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May 02, 2025
Texas Marine Fuel Co. Wants Arbitration Of $5M Defect Suit
A marine fuel provider is pressing a Texas federal court to send to arbitration a French shipping company's more than $5 million breach of contract lawsuit accusing it of selling defective fuel that caused blackouts on the company's vessels.
Expert Analysis
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UK Top Court Charts Limits Of Liability In Ship Explosion Case
A recent U.K. Supreme Court ruling, capping a ship charterer's damages for an onboard explosion, casts a clarifying light upon the murky waters of maritime liability, particularly concerning the delicate operation of limitation under the Convention on Limitation of Liability for Maritime Claims, says Josep Galvez at 4-5 Gray's Inn.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.