Transportation

  • January 20, 2021

    Medical Transport Co. Loses 4th Circ. Appeal In Antitrust Case

    The Fourth Circuit has rejected an ambulance company's bid to revive its suit accusing Richmond, Virginia, of stifling competition for nonemergency transportation services for a local U.S. Department of Veterans Affairs medical center.

  • January 20, 2021

    Improper 'Golden Rule' Argument Voids $30M Collision Verdict

    A California appeals court vacated a $30 million verdict Wednesday in a suit accusing a commercial truck driver of causing a motorist's collision death, saying plaintiffs' counsel improperly invoked the "Golden Rule" by asking the jury to imagine themselves in the motorist's shoes.

  • January 20, 2021

    Hertz Gets $756M Vehicle Lease Deal OK'd In Ch. 11

    A Delaware bankruptcy judge on Wednesday approved a second interim settlement allowing Hertz to dispose of roughly 120,000 lease vehicles in exchange for paying noteholders $756 million over the next nine months, resolving for now a hotly contested legal battle over whether Hertz can sever vehicle leases subject to a master lease.

  • January 20, 2021

    Levandowski's Journey From Google To Trump Pardon

    Former President Donald Trump’s eleventh-hour pardon of Anthony Levandowski comes at the end of more than four years of proceedings that almost put the former Uber Technologies executive behind bars for stealing Google’s trade secrets. Here, Law360 walks through the timeline from Levandowski leaving Google to his pardon.

  • January 20, 2021

    Elon Musk's Tunneling Co. Hit With 'Boring' TM Suit

    Elon Musk's construction drilling business, the Boring Co., is allegedly infringing the trademarks of a Nevada company that says it's been using that name since 2006.

  • January 20, 2021

    Uber And Postmates Fight Calif.'s Bid To Nix AB 5 Challenge

    Uber, Postmates and drivers for the app companies have urged a California federal judge to uphold their challenge to the state's Assembly bills 5 and 2257, arguing that their latest complaint successfully shows that the two worker classification laws improperly deprive gig workers of their rights.

  • January 20, 2021

    Lyft Slams Class Cert. Bid In IPO Suit

    Lyft told a California federal judge Tuesday investors in the company didn't all know the same details about the ride-hailing giant when it held its 2019 initial public offering, arguing that a proposed investor class in a consolidated securities suit shouldn't have their class certification request granted.

  • January 20, 2021

    Biden Scraps Keystone XL Pipeline Permit On Day 1

    Newly sworn-in President Joseph Biden on Wednesday signed an executive order canceling the presidential permit for the Keystone XL pipeline as part of his ambitious first-day agenda to tackle climate change.

  • January 20, 2021

    Pa. Port Authority Ban On 'Black Lives Matter' Masks Blocked

    A Pennsylvania federal judge blocked a policy from the Port Authority of Allegheny County on Tuesday that prohibited employees from wearing "Black Lives Matter" face masks at work, finding that the policy runs "afoul of the First Amendment."

  • January 20, 2021

    Pa. Justices Say Slim Mining Prospects Doom Takings Claim

    A new highway that cut off access to a property for potential coal mining did not represent a "de facto" taking of the land under Pennsylvania's eminent domain law, since the coal companies that owned the mineral rights were unlikely to get permission to do any actual mining, the state's Supreme Court ruled Wednesday.

  • January 20, 2021

    Israeli Shipping Co. Seeks Emergency Order To Depose Crew

    An Israeli cargo shipper is seeking emergency permission to interview the crew of a container ship that toppled 76 containers overboard earlier this month, saying it needs the information to defend itself in inevitable litigation and only has a limited time frame in which to catch the crew.

  • January 20, 2021

    DC Circ. Ruling Clears Deck For Biden Power Plant Regs

    The D.C. Circuit's remarkably strong statement about the U.S. Environmental Protection Agency's broad authority to control greenhouse gas emissions from power plants cleared a huge bureaucratic and legal obstacle for the Biden administration to move ahead with a component of its climate change agenda. 

  • January 20, 2021

    Mercedes Dropped Ball On Monitoring 401(k) Costs, Suit Says

    Mercedes-Benz allowed its U.S. employees' 401(k) plan to be overcharged for record-keeping and advisory services, depriving the plan's participants from accumulating larger balances in their retirement accounts, a proposed class action against the carmaker in Alabama federal court has alleged.

  • January 20, 2021

    SEC Rips VW's 'Unclean Hands' Defense In Diesel Fraud Suit

    The U.S. Securities and Exchange Commission urged a California federal judge to snuff Volkswagen's bid to use an "unclean hands" defense against the SEC's allegations that the German automaker defrauded U.S. investors by failing to disclose its "clean diesel" emissions cheating scheme, arguing there's no constitutional harm.

  • January 20, 2021

    4th Circ. Told Species Review Of $6B Pipeline Is Flawed

    A coalition of environmental groups told the Fourth Circuit that the U.S. Fish and Wildlife Service failed to consider the breadth of consequences the $6 billion Mountain Valley Pipeline would have on protected species, asking the court to vacate the federal government's review.

  • January 20, 2021

    Biden Moves To Dismantle Trump's Energy, Climate Legacy

    President Joe Biden unveiled immediate plans Wednesday to unwind the Trump administration's energy and environmental policy legacy, outlining a host of executive actions to review and eventually roll back his predecessor's most controversial moves.

  • January 20, 2021

    1st Circ. Upholds Maine Virus Quarantine Mandate

    The First Circuit has shot down a challenge to Maine's mandatory COVID-19 quarantine order, writing in an opinion that the governor's response was reasonable given the spread of the potentially deadly virus ahead of the state's busy tourism season.

  • January 20, 2021

    Postmates Must Arbitrate Couriers' Claims And Cover Fees

    Postmates Inc. must arbitrate the claims of thousands of delivery drivers who say the company misclassified them to avoid wage obligations, a California federal judge has ruled, rejecting the company's argument that a state law governing the enforcement of such pacts is unconstitutional.

  • January 20, 2021

    Ford Can't Escape Recall Over 3M Defective Takata Air Bags

    The National Highway Traffic Safety Administration has ordered Ford Motor Co. to participate in a recall of more than 3 million of its vehicles that have defective Takata air bags, rejecting the automaker's petition for an exemption to the recall.

  • January 20, 2021

    BMW Slams 'Desperate' Sanctions Bid Over Hidden Info

    BMW of North America LLC asked a Florida federal judge Tuesday to deny a car dealer's sanctions bid against it for allegedly hiding information during discovery, arguing that it honestly responded to discovery requests and that the car dealer is merely trying to "wriggle out" of its discovery agreement.

  • January 20, 2021

    3 Takeaways From The 9th Circ.'s Meal And Rest Break Ruling

    The Ninth Circuit's blessing of a U.S. Department of Transportation finding that California's meal and rest break rules are preempted and cannot be applied to interstate commercial truckers reinforced the so-called Chevron deference and bolstered business' efforts to clamp down on class action litigation. Here are three takeaways from the Ninth Circuit's decision.

  • January 20, 2021

    Energy Infrastructure Co. Wants $4M For Kinder Morgan Work

    Energy infrastructure company Mears Group Inc. has filed a $4.28 million breach of contract lawsuit in Texas state court, alleging its contract to connect two Kinder Morgan intrastate gas pipeline systems was wrongly terminated after a federal permitting change.

  • January 20, 2021

    Enterprise Asks To Appeal Order Rejecting WARN Act Defense

    Enterprise asked a Florida federal judge Tuesday for permission to appeal an order that rejected the company's legal argument that it can't be liable for unplanned layoffs as a result of the novel coronavirus, arguing the appeals court should address whether the pandemic falls under the WARN Act's natural disaster exception.

  • January 20, 2021

    Biden's Day One Agenda Tackled Travel Ban, Border Wall

    President Joe Biden signed a number of executive orders and directives within hours of taking office on Wednesday, including lifting travel restrictions against individuals from predominantly Muslim countries and halting construction of the U.S-Mexico border wall. Here are six immigration-related actions the new president took after his swearing in.

  • January 19, 2021

    FERC Punts On NEPA Reform, Citing New Administration

    The Federal Energy Regulatory Commission voted Tuesday to wait to embark on environmental review reforms until after the new administration has settled in, with the fate of the Trump administration's overhaul of the National Environmental Policy Act unclear.

Expert Analysis

  • The Most-Read Legal Industry Guests Of 2020

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    Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.

  • Accounting Rules May Spark Next Wave Of Bankruptcy Suits

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    The expected increase in trustee and receiver suits that will follow the post-pandemic spike in bankruptcy filings will be further augmented by changes in accounting and auditing standards implemented after the 2008 financial crisis — including required disclosures of going concern issues and critical audit matters, say Jean-Philippe Poissant and Marema Diop at Cornerstone Research.

  • A Law Firm's Guide To Producing A Podcast

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    Courtney Hudson and Megan Senese at Pillsbury offer tips on how law firms can utilize podcasts to deliver important legal insights to clients in a COVID-19 world, and how to make the process stress-free for participating lawyers and guests.

  • What Gov't Contracting Might Look Like Under Biden

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    President-elect Joe Biden’s campaign proposals provide a useful guide to his administration’s priorities and some of the changes government contractors can expect, regardless of whether Biden’s legislative efforts are hindered by a Republican-led Senate, say Joseph Berger and Thomas Mason at Thompson Hine.

  • Biden Needs Congress' Help On Green Transportation Plans

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    While some of President-elect Joe Biden's climate-oriented transportation priorities can be accomplished through executive action and regulations, others will require congressional authorization — and strong bipartisan interest in passing surface transportation reauthorization creates a window for significant progress, say attorneys at Arnold & Porter.

  • 5 Important E-Discovery Trends And Developments In 2020

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    The rapid adoption of varied remote communication and collaboration tools during the pandemic created new information preservation and privilege considerations this year, while courts and regulators offered some guidance on technology-assisted review and the movement of data across borders, say attorneys at Troutman Pepper and Boehringer Ingelheim.

  • 2020 Bankruptcy Trends And Sectors To Watch In 2021

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    Following a slew of 2020 bankruptcies prompted by the COVID-19 crisis, uncertainty regarding the pace of economic recovery in 2021 could further intensify corporate stress and the need for deleveraging across an array of industries, say Suzzanne Uhland and George Davis at Latham.

  • EPA Groundwater Guidance Fails To Answer Key Questions

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    Recent U.S. Environmental Protection Agency guidance on the U.S. Supreme Court's County of Maui v. Hawaii Wildlife Fund decision on permits for indirect groundwater discharges leaves technical questions on when and how to perform evaluations unanswered, making it of little practical value, says Marcia Greenblatt at Integral Consulting.

  • The Big SEP Victories Of Patent Owners In 2020

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    While the worldwide jurisprudence related to standard-essential patents tilted in favor of implementers for some time, this year nearly all of the news favored patent owners, and those critical developments in the U.S., U.K. and Germany touch on core aspects of crafting SEP strategies, say attorneys at Mintz.

  • Perspectives

    Judges On Race: The Path To A More Diverse Bench

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    To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.

  • A Review Of 2020's Key US Sanctions Developments

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    Throughout 2020, the U.S. continued to pursue its foreign policy objectives with aggressive and sometimes unconventional use of economic sanctions targeting China, Iran and Venezuela, and the Office of Foreign Assets Control published enforcement actions identifying key compliance risk areas for nonfinancial institutions, say attorneys at Ropes & Gray.

  • Mass. 'Right To Repair' Law Could Put Car Cos. In A Jam

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    Massachusetts' recently approved "right to repair" law will make it easier for car owners and independent shops to maintain and repair vehicles, but may also increase manufacturers' product liability exposure when inexperienced repair persons make mistakes leading to personal injury, say Geoffrey Wyatt and Benjamin Halperin at Skadden.

  • Class Certification Obstacles In Suits Over Connected Devices

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    Vulnerabilities in connected devices like those recently reported by Google may lead to litigation, but two decades of data security lawsuits suggest that internet of things plaintiffs may have problems achieving class certification, say Mark Raffman and Katie Kissinger at Goodwin.

  • COVID-19 Has Broad Impact On Lost-Profit Determinations

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    The COVID-19 pandemic is already adding new complexities to damages calculations used in lost-profit claims litigation, even in cases in which the coronavirus is not the direct cause of the breach, say Neil Ashton and Michael Yachnik at StoneTurn.

  • Tips For Identifying A Culturally Competent Mediator

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    Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.

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