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Transportation
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May 08, 2024
Mercedes-Benz Hit With Wheel Defect Suit In Ga.
Mercedes-Benz has been slapped with a proposed class action in Georgia federal court by a sedan owner alleging that a wheel configuration defect in certain sedan models can lead to sudden tire blowouts and cracked rims.
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May 08, 2024
Chevron's $52M Iran Oil Seizure Loss Not Covered, Court Told
Three insurers have told a California federal court they owe no coverage to Chevron under separate marine cargo and war risks policies after the oil giant said the Iranian military seized a vessel carrying nearly $52 million worth of Chevron's crude oil in retaliation for U.S. economic sanctions.
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May 08, 2024
No Reimbursement For $5.5M Crash Settlement, Insurer Says
A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.
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May 08, 2024
DOD Trucking Contractor Owner Indicted On $1M Tax Evasion
The owner of a trucking company that hauled military supplies for the U.S. Department of Defense tried to evade more than $1 million in taxes partly by using a nominee company headed by her former dispatcher, according to an indictment by a federal grand jury in Ohio.
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May 07, 2024
Insurer Cites Discovery Law In Info Bid For Accident Claim
A Canadian government-backed insurer is urging an Arizona court to force the state's Department of Transportation to provide documents or testimony in an arbitration stemming from an ex-professional soccer player's claim for damages after he was injured in a hit-and-run accident in Scottsdale in 2016.
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May 07, 2024
Boeing Can't Widen Ethiopian Airlines Test Case Pool
An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Ex-Tugboat CEO Can't Reinstate $75M Defamation Verdict
A Washington state appeals panel won't let the former CEO of boating company Harley Marine Services Inc. reinstate a $75 million defamation verdict against his former business partners, finding that the comments that formed the basis for the verdict are covered under the state's "absolute" litigation privilege.
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May 07, 2024
DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling
Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.
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May 07, 2024
Spirit Aerosystems Eyes Buyout By Boeing Amid Safety Probe
Boeing is in talks to acquire aerospace supplier Spirit AeroSystems, which took a first-quarter hit partly due to Boeing 737 production delays and a safety investigation resulting from a midair 737 door plug blowout in January, Spirit announced Tuesday.
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May 07, 2024
Energy Dept. Says Red States Can't Block LNG Export Pause
The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.
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May 07, 2024
Attys Denied $10M Fees As Family Dollar Deal Is Approved
A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.
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May 06, 2024
FAA Says It's Looking Into Boeing 787 Dreamliner Inspections
The Federal Aviation Administration said Monday that it's looking into whether Boeing completed required inspections of its 787 Dreamliner planes and potentially falsified aircraft records.
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May 06, 2024
Honda Owners Near Cert. In Crash Avoidance Defect Suit
An attorney for Honda urged a California federal judge Monday to reconsider his tentative opinion that would largely grant a class certification motion from some Honda owners who allege their automobiles came with defective collision avoidance systems, saying the owners can't prove their car's problems share the same defect.
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May 06, 2024
Asiana Airlines Says $50M Catering Award Can't Be Enforced
South Korea's Asiana Airlines has urged a California federal court not to enforce a $50 million arbitral award issued to a catering company, saying the underlying contract, which guaranteed the caterer "unheard of profits," was only inked in exchange for a bribe paid to its disgraced former chairman.
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May 06, 2024
New EPA Policy Could Increase Criminal Enforcement
The U.S. Environmental Protection Agency has rolled out a new policy intended to foster communication and coordination between its civil and criminal enforcement offices, a move experts say could result in an increase in criminal investigations and cases.
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May 06, 2024
NOLA Can't Arbitrate $51M Airport Defect Row With Insurers
A Louisiana federal judge granted a group of insurers a preliminary injunction Monday, relieving them from forced arbitration in a dispute over alleged design defects at a new $1 billion terminal of the Louis Armstrong New Orleans International Airport.
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May 06, 2024
GM Tells Mich. Justices Not To Heap On More Auto Regulation
General Motors urged the Michigan Supreme Court to reject a call to expand the reach of a state consumer protection law to the automotive industry and others, saying federal and state oversight already protects car buyers.
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May 06, 2024
Amazon Loses Bid To Ship Patent Case From EDTX To Wash.
An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.
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May 06, 2024
5th Circ. Revives Airline Workers' Hearing-Loss Suit
A pair of flight attendants seeking to hold Boeing liable over hearing loss they suffered due to an aircraft's allegedly faulty smoke alarm have successfully convinced a Fifth Circuit panel to allow them to refile their case, bringing their claims back from the brink almost three years after the appeals court tossed them.
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May 06, 2024
7th Circ. Backs Ford In Black Ex-Plumber's Bias Suit
The Seventh Circuit on Monday upheld Ford Motor Co.'s defeat of a former plumber's lawsuit alleging she was punished for reporting she'd been treated harshly by her supervisor because she's a Black Muslim woman, finding nothing wrong with a lower court tossing the case.
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May 06, 2024
Class Actions Target Conn. Dealership Prices For 'VIN Etching'
Three proposed class actions seeking to represent thousands of automobile buyers have accused Connecticut dealerships of overcharging for a service called VIN etching, which is designed to make it harder for thieves to offload stolen vehicles.
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May 06, 2024
Rocker Tommy Lee Nixes Helicopter Sex Assault Suit, For Now
A California judge on Monday dismissed a lawsuit accusing musician Tommy Lee of groping a woman in 2003, finding the claims cannot be carried under a statute that opened a lookback window for sexual assault claims that may otherwise be time-barred, but granted leave to amend the complaint.
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May 06, 2024
Navy Says Shipbuilder Premature On $150M Bad Faith Suit
The U.S. Navy has urged the Court of Federal Claims to toss a $150 million suit alleging the Navy deliberately thwarted a shipbuilder's efforts to build a fleet of landing craft, saying the company failed to follow the proper procedure before suing.
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May 06, 2024
Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions
Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.
Expert Analysis
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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.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Challenges Remain In Financing Energy Transition Minerals
COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.