Transportation

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    3rd Circ. Backs US Immunity Over Marine Recruit's Death

    The Third Circuit has said that "tragedy does not trump sovereign immunity" in a precedential ruling finding that the federal government is immune from a wrongful death suit brought by a U.S. Marine Corps recruit's family after he crashed his car and died on the way to an event for the corps.

  • May 24, 2024

    Feds' Probe Into Waymo Self-Driving Car Finds More Incidents

    The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.

  • May 24, 2024

    Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction

    A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

  • May 24, 2024

    IRS Corrects Notice On Bonus Energy Tax Credit Safe Harbors

    The Internal Revenue Service and U.S. Department of the Treasury issued a correction Friday to a notice providing additional safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts.

  • May 23, 2024

    CBP Had No Right To Collect Disputed Duties, Importer Says

    A tire importer is fighting government calls to dismiss its suit seeking to recoup duties it says U.S. Customs and Border Protection unlawfully collected while under dispute, urging the trade court to reject CBP's claim that the agency was constrained to follow orders.

  • May 23, 2024

    Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

    The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • May 23, 2024

    VW And Porsche Largely Invalidate Headlight Patent At PTAB

    The Patent Trial and Appeal Board has invalidated the vast majority of an Israeli inventor's patent covering adaptive headlights challenged by Volkswagen and Porsche, finding all but three challenged claims were obvious.

  • May 23, 2024

    Man Can't Enforce Fatal Car Crash Settlement, Ga. Panel Says

    The Georgia Court of Appeals on Thursday affirmed a trial court's rejection of a motion to enforce a presuit settlement in a case accusing a driver of fatally striking a man who was standing next to his vehicle on a highway's emergency lane, finding no agreement ever formed.

  • May 23, 2024

    2nd Circ. Revives Insurer's $2.5M Suit Over Valuation Software

    The Second Circuit on Thursday revived an insurer's indemnification bid against software company Audatex for $2.5 million in costs from a suit alleging its use of Audatex's valuation software resulted in underpayment for totaled cars, concluding the lower court erred in finding the suit didn't result from the insurer's use of Audatex's software.

  • May 23, 2024

    House Panel Pushes AM Radio Bill Forward

    Lawmakers on both sides of the aisle came together to bump a popular proposal to prevent automakers from removing AM radios from their vehicles through to the full committee, with the bill sailing through markup Thursday morning.

  • May 23, 2024

    Resignation Letter Bylaws Targeted In Five Del. Class Actions

    General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

  • May 23, 2024

    Enbridge Says Tribe's Trespass Law Could Cost It Millions

    Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 23, 2024

    LA Jury Awards $58M To Train Yard Worker Injured In Slip

    A train yard worker was awarded over $58 million this week by a Los Angeles jury due to an injury that he says occurred when he slipped on top of a wet train car, which resulted in a fractured foot and a diagnosis of complex regional pain syndrome. 

  • May 23, 2024

    6th Circ. Unbuckles Supplier From 'Odd' Seat Belt Contract

    A Sixth Circuit panel on Thursday freed a seat belt part supplier from having to continue to fulfill a seat belt system manufacturer's orders at an old price, saying the parties' "odd" agreement language isn't specific enough to enforce.

  • May 23, 2024

    Alaska Airlines, Union Beat Fired Workers' Religious Bias Suit

    A Washington federal judge tossed a suit from two Christian flight attendants who said they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights, ruling there's no proof unlawful bias cost them their jobs.

  • May 23, 2024

    Ambulance Co. Owner Accused Of $1M Pandemic Loan Fraud

    The owner of a California ambulance company who was charged last year with tax evasion and filing false returns has been further accused of fraudulently securing $1 million from federal pandemic relief loan programs, according to the U.S. Department of Justice.

  • May 23, 2024

    Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit

    Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.

  • May 22, 2024

    American Air Pilots Win Cert. Over 401(k)'s ESG Investments

    A Texas federal judge on Wednesday certified a class of pilots accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • May 22, 2024

    Caterer Says $50M Asiana Airlines Award Must Be OK'd

    A catering company has asked a California federal court to enforce its $50 million arbitral award against Asiana Airlines, saying a South Korean court already rejected the carrier's argument that the underlying contract was only signed in exchange for a bribe paid to its disgraced former chairman.

Expert Analysis

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Opinion

    Aviation Watch: Navigating The Air Traffic Control Crisis

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    After a recent Federal Aviation Administration report identified significant deficiencies in air traffic control staffing, equipment and funding that compromise U.S. aviation safety, it is vital that the FAA act to limit the volume of traffic to what air traffic control can safely manage with available resources, says Alan Hoffman, a retired attorney and aviation expert.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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