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Transportation
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April 17, 2024
Sirius XM Faces Patent Row Over Vehicle Kit Product
A Texas company that owns a patent on a high-bandwidth content distribution structure has filed a lawsuit in the Lone Star State accusing Sirius XM Holdings Inc. of infringing its intellectual property.
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April 17, 2024
Longtime Nossaman Infrastructure Pro Joins Norton Rose
Norton Rose Fulbright announced that it has hired an experienced attorney who has spent the last 20 years with Nossaman LLP as the firm's new co-head of its U.S. and North American infrastructure teams.
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April 17, 2024
Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas
Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.
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April 17, 2024
American Urges 1st Circ. To Reject 'Radical' JetBlue Ruling
American Airlines has told the First Circuit that a judge's "radical vision of the antitrust laws" that blocked its Northeast Alliance joint venture with JetBlue shouldn't stand, arguing that federal enforcers are relying on misleading claims and outdated precedent to prop up the lower court's mistaken conclusion.
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April 16, 2024
Cooperation Helped Cable Co. Avoid Prosecution, Feds Say
The U.S. Department of Justice's fraud section has indicated it won't prosecute Proterial Cable America for allegedly fraudulently misrepresenting the safety standards compliance of its motorcycle brake hose assemblies because of the company's timely self-disclosure, cooperation and remediation, among other things.
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April 16, 2024
Cashed Check Kills VW Emissions Deal Appeal, 9th Circ. Says
The Ninth Circuit on Tuesday threw out an attempt to unravel an $80 million deal resolving consolidated consumer litigation alleging Volkswagen and Porsche manipulated emissions and fuel-economy tests for nearly 500,000 gas-powered vehicles, saying the objector has already cashed his portion of the settlement.
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April 16, 2024
DC Circ. Grills EPA On Nixing Refiners' Biofuel Exemptions
A D.C. Circuit panel seemed open Tuesday to petroleum refiners' challenge to federal regulators' denial of their exemptions to federal renewable fuel requirements, as the judges grilled attorneys for the U.S. Environmental Protection Agency on how federal regulators gauge refineries' compliance costs.
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April 16, 2024
Freight Co. Can't Escape $15M Verdict In Deckhand Death Suit
A St. Louis-area mother whose son, a tugboat worker, fell overboard and died, presumably by drowning under a barge, will get to keep a $15 million jury award, a Missouri appeals court ruled Monday, rejecting the company's bid to lower the award to no more than $1.2 million.
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April 16, 2024
Amazon Beats Suit After Injured Drivers Bury Medical Details
Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.
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April 16, 2024
DOE Aims To Wrap LNG Review By Year-End, Granholm Says
U.S. Secretary of Energy Jennifer Granholm on Tuesday said her agency hoped to complete the review of its liquefied natural gas export policy by year's end and pushed back on accusations that the current pause of export reviews is permanent.
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April 16, 2024
Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told
Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.
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April 16, 2024
Judges Doubt Denver Transit Co.'s $112M Loss Is Protected
A pair of Colorado appellate judges on Tuesday grilled an attorney representing a company claiming its contract with a regional transit authority protected it from $112 million in losses after state regulators changed the rules, asking how the problems that caused the losses weren't the company's own fault.
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April 16, 2024
Virginia Judge Tosses State Broadband Law Challenge
The Association of American Railroads has lost its challenge to a Virginia federal law that gives broadband providers easier access to railroad property and that the group says constitutes illegal taking, after a judge knocked out all the suit's claims for various reasons.
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April 16, 2024
BIPA Judge Laments Blown Discovery Deadlines — Again
An Illinois federal judge on Monday scolded Union Pacific and the truck drivers suing it over alleged biometric privacy violations for missing a sixth discovery deadline, saying the results of multiple discovery extensions he's allowed over five years of litigation have been "disappointing, to say the least."
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April 16, 2024
Buttigieg, State AGs To Probe Consumer Airline Complaints
Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.
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April 16, 2024
IBM Gained Most AI Patents By Far In 2023
IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.
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April 16, 2024
3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit
A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.
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April 16, 2024
Flyers Challenge $1.9B Hawaiian-Alaska Airlines Merger
Alaska Airlines is facing an antitrust lawsuit from flyers alleging that its proposed $1.9 billion acquisition of Hawaiian Airlines will reduce competition in the airline industry, raise prices and potentially cause layoffs.
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April 16, 2024
Pot Transport Co. Can't Escape Overtime Suit
A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.
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April 16, 2024
Carparts.com Stockholder Revs Up Poison Pill Suit In Del.
A stockholder of e-commerce auto parts supplier Carparts.com Inc. has sued for a Delaware Court of Chancery order blocking a low-threshold, shareholder rights plan takeover defense allegedly adopted by the company to corral investor unrest after three years of losses.
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April 16, 2024
Ex-North Korean Official Charged With Dodging US Sanctions
A former North Korean diplomat in Thailand is facing criminal charges in Washington, D.C., federal court alleging he conspired to surreptitiously ship goods into his home country in avoidance of U.S. sanctions.
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April 16, 2024
Moving Co. Execs Found Guilty In $7.7M Payroll Tax Scheme
The former president of a moving company and its head bookkeeper conspired to evade more than $7.7 million in federal payroll taxes, a New York federal jury has found.
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April 15, 2024
Resistance To Patent Licenses Drives More Suits, Execs Say
Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.
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April 15, 2024
Judge Tosses 'Boilerplate' Infringement Suit Against OnStar
OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.
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April 15, 2024
Tesla Workers' Atty Rips Claim Of Influence Over State Agency
Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."
Expert Analysis
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After Watershed Year, Clean Hydrogen Faces New Challenges
Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.
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How To Start Applying DOL's Independent Contractor Test
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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What FTC CARS Rule Means For Auto Dealers And Lenders
A newly finalized Federal Trade Commission rule is aimed at changing how auto dealers interact with customers in the financing process, but will likely also affect banks and finance companies — and consequences for lenders and servicers have been amplified by recent Consumer Financial Protection Bureau enforcement actions, say attorneys at Morgan Lewis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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8 Privacy Law Predictions For 2024
As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.