Transportation

  • January 26, 2021

    Black Worker Says Delta Punished Him For Noose Complaint

    Delta Air Lines retaliated against a Black employee by boxing him out of his job after he suffered a stress-related heart attack after calling out a white co-worker who displayed a noose in their workplace, he told a Georgia federal court.

  • January 26, 2021

    Shipping Co. Says NLRB Prosecutor Can't Act After GC Ouster

    A shipping company filed possibly the first challenge to former National Labor Relations Board chief prosecutor Peter Robb's firing last week, saying the Office of the General Counsel lacks authority to prosecute labor violations following Robb's "unlawful removal."

  • January 26, 2021

    Truck Maker Challenges Cartel Lawsuit Funding Deals

    Truck purchasers are using unenforceable funding arrangements that should prevent them from bringing a price-fixing class action against DAF and other leading manufacturers, lawyers for the truck-maker told a London appeals court on Tuesday.  

  • January 25, 2021

    Skanska Negligent In $132M Loss On Road Project, Co. Says

    The Lane Construction Co. sued the American branch of Swedish construction and development company Skanska AB in federal court Friday, claiming it willfully breached its fiduciary duty on a Florida highway project in order to protect its corporate parent while causing Lane at least $132 million in avoidable losses.

  • January 25, 2021

    Biden To Restrict Travel From S. Africa Over COVID-19 Variant

    The Biden administration on Monday implemented travel limitations on a majority of non-U.S. citizens who have recently visited South Africa due to a widely circulating coronavirus variant found in the region.

  • January 25, 2021

    Red States Say Trump's Narrowed Water Rule Is Lawful

    Nearly two dozen states, including Georgia and Texas, said the Trump administration lawfully narrowed the reach of the Clean Water Act, arguing that just because challengers don't like the policy doesn't mean it violates U.S. Supreme Court precedent or the law's language.

  • January 25, 2021

    Groups Sue Over Last-Minute Trump Fuel Standard Changes

    Environmental groups on Monday asked for a Second Circuit review of what they called a rushed, last-minute Trump administration giveaway to automakers dragging their feet to postpone compliance with emissions guidelines, which they said must be stopped.

  • January 25, 2021

    Cruise Co., Ex-Cuban Port Owner Fight Over Privileged Docs

    A former Cuban port owner and Norwegian Cruise Line have slammed each other's bids to compel the production of privileged documents that have been withheld in a Florida federal court suit alleging the cruise line trafficked in stolen property when using the docks.

  • January 25, 2021

    Broadband Co. Sues New Mexico DOT Over Permit Rejection

    A wireless broadband service provider accused the New Mexico Department of Transportation of violating the Telecommunications Act when it denied the company's permit applications to build utility poles for broadband wireless antenna installation.

  • January 25, 2021

    Uber Facing Trademark Fight Over 'Freight Link' Service

    Shipping company Freightlink Inc. is suing Uber for trademark infringement over the rideshare giant's launch of a new service called Uber Freight Link.

  • January 25, 2021

    DC Circ. Told To Void FERC's OK Of Ore. LNG Export Project

    State environmental regulators, landowners, environmental groups and tribes are all urging the D.C. Circuit to undo the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas export project in Oregon, saying the project is not in the public interest.

  • January 25, 2021

    Biden Aims To Tighten Buy American Criteria

    President Joe Biden issued an executive order Monday that will tighten restrictions on federal agencies' purchases by increasing domestic content requirements for contracts and requiring agencies to close loopholes for determining country of origin.

  • January 22, 2021

    Tesla Accuses New Hire Of Stealing Automation Trade Secrets

    A California federal judge on Friday promptly granted a temporary restraining order barring the release of any trade secrets a former Tesla Inc. employee is accused of stealing within three days of being hired, finding that Tesla was likely to succeed on its claims the same day the company lodged its suit.

  • January 22, 2021

    EPA Seeks To Freeze All Litigation Over Trump-Era Rules

    The U.S. Environmental Protection Agency has asked the U.S. Department of Justice to pause all litigation over regulations issued under former President Donald Trump, writing in a letter that the agency's new administration would be reviewing the underlying rules.

  • January 22, 2021

    Former AutoZone Worker Shuts Down Sex Harassment Suit

    A former employee of AutoZone put the brakes on her discrimination lawsuit against the auto parts retailer which alleged she was the target of sexual harassment across three New Jersey locations, according to a notice filed in federal court.

  • January 22, 2021

    DC Circ. Backs FERC's Rejection Of Fla. Pipeline Dispute

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's determination that it lacks jurisdiction over the transportation of jet fuel via a Kinder Morgan-owned pipeline from Tampa, Florida, to Orlando International Airport and thus cannot consider arguments from airlines that they're being overcharged.

  • January 22, 2021

    Edelson Wants In On Contempt Hearing For Ex-Girardi Attys

    Edelson PC urged an Illinois federal judge Friday to allow it to participate in the contempt hearing for two former Girardi Keese PC attorneys accused of covering up the alleged theft of $2 million in client settlement funds, saying it wants to be helpful for the court at the hearing.

  • January 22, 2021

    Kumho Workers Union Finally Earns Election Certification

    A National Labor Relations Board regional official certified the United Steelworkers as the representative for workers at a Kumho Tires facility in Georgia following an election decided by a single vote, the union announced.

  • January 22, 2021

    7th Circ. Orders New Args In Airline OT Suit Heard By Barrett

    A Southwest Airlines Co. supervisor must again argue her unpaid overtime case before a Seventh Circuit panel, the appeals court has ruled, because the original bench, which included now-Justice Amy Coney Barrett, had not decided the case before Justice Barrett left for the U.S. Supreme Court.

  • January 22, 2021

    Simpson-Led Blackstone Nabs Stake In $1.6B Portfolio

    Blackstone REIT, led by Simpson Thacher, picked up a majority stake in a $1.6 billion, 71-property group of assets from LBA Logistics, according to a Friday statement.

  • January 22, 2021

    Amazon Faults Mail Vote Test In Bid To Stall Union Election

    Amazon has asked the National Labor Relations Board to reverse an agency regional official's call for mail balloting and to freeze the impending vote in a closely watched union election at an Alabama warehouse, insisting that an in-person election is safe despite the COVID-19 pandemic.

  • January 22, 2021

    Lima Urges Pause On 'Corrupt' Project's $66M Award Suit

    The city of Lima, Peru, asked a D.C. federal court to continue pausing its suit attempting to annul a $66 million arbitral award issued to an infrastructure company owned by Brazilian conglomerate Odebrecht, a company Lima says is "notorious for corrupt practices," because proper procedures have not been followed yet.

  • January 22, 2021

    GE Hits 4 Major Railroad Cos. With Antitrust Suit

    General Electric has accused four major American railway companies of fixing rail fuel surcharges for rail freight transport for five years in order to reap billions of dollars in profits.

  • January 22, 2021

    Del. Justices Revive Tossed Suit Over $3.3B Spectra Deal

    Delaware's Supreme Court reversed Friday the Chancery Court's 2019 dismissal of a $661 million unitholder challenge to a part of a $3.3 billion Spectra Energy Partners LP merger in 2015, finding that the lower court wrongly denied standing after giving slim odds to the investor's chance of a material recovery.

  • January 22, 2021

    Delta Pilots Want Full DC Circ. To Rehear $3B Pension Case

    A group of retired Delta Air Lines Inc. pilots has asked the D.C. Circuit for an en banc rehearing of their suit accusing the Pension Benefit Guaranty Corp. of mishandling $3 billion in retirement plan assets, saying the circuit precedent used to rule against them last month was decided in error.

Expert Analysis

  • Aviation Watch: The 737 Max Returns To Flight

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    After the Federal Aviation Administration's recent order allowing Boeing's 737 Max to return to service, the plane still must contend with the effects of two years of adverse publicity and COVID-19's impact on air travel, says Alan Hoffman, a retired attorney and aviation expert.

  • CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead

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    The last year stood out for its marked resurgence in Consumer Financial Protection Bureau activity, suggesting 2021 will usher in even more vigorous enforcement, enhanced fair lending regulation, and renewed assaults on consumer arbitration and payday lending, says Richard Gottlieb at Manatt.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • New Fla. Summary Judgment Rule Will Deter Forum Shopping

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    The Florida Supreme Court's recent amendment of the state's summary judgment standard to align it with that of the federal courts and most other states will improve judicial efficiency, reduce the cost and uncertainty of litigation, and help prevent forum shopping by plaintiffs with dubious claims, say Walter Latimer and Guy Noa at Fowler White.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • 4 Rulings That Will Shape Clickwrap Litigation In 2021

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    Clickwrap litigation is expected to increase this year, following several 2020 judgments that show the courts' growing sophistication on assessing online user agreements and a continued surge in user growth fueled by COVID-19, says Brian Powers of PactSafe.

  • Building The Hydrogen Sector Will Require New Laws, Regs

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    Hydrogen's potential as a clean fuel and energy storage medium has captured the imaginations of governments, environmental advocates and energy sector players, but project developers will need to work with legislators and regulators to craft new use-appropriate policies, say James Bowe and William Rice at King & Spalding.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • The Benefits Of More Alternative Dispute Resolution At GAO

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    While disruption amid the pandemic undoubtedly contributed to a 210% uptick in the use of alternative dispute resolution at the U.S. Government Accountability Office in fiscal year 2020, bid protest practitioners should hope the upward trend continues given the various efficiencies it brings to the procurement process, says Noah Bleicher at Jenner & Block.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • 9th Circ. Gets Tougher On Experts At Class Certification

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    In Grodzitsky v. American Honda, the Ninth Circuit recently affirmed that rigorous analysis of expert testimony, including its admissibility, is essential when ruling on class certification — an encouraging sign for practitioners defending class actions, says Robert Sparkes at K&L Gates.

  • DOT Unfair Practices Rule Adds Clarity To Airline Regulation

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    The U.S. Department of Transportation's new rule clarifying how it decides that particular airline business practices are unfair or deceptive should bring much-needed clarity and objectivity to the department's enforcement proceedings, says David Heffernan at Cozen O'Connor.

  • What To Expect From Securities Litigation In 2021

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    Attorneys at Alston & Bird explore expectations for this year's securities litigation landscape, including class actions related to COVID-19, whistleblower claims and U.S. Securities and Exchange Commission enforcement activity.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

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