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April 12, 2024
Mich. High Court Snapshot: Atty Sanctions Kick Off April
The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.
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April 12, 2024
NC Auto Parts Co. Settling Feds' Emissions-Cheating Claims
The U.S. government and a North Carolina auto parts seller are close to settling a lawsuit alleging the company sold equipment to overwrite vehicle emissions controls, according to a joint motion to stay the litigation so the two sides can finalize a deal.
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April 12, 2024
Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit
Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.
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April 12, 2024
Mogul Aims To Trace Part Of Alleged $35M Hack Payout To Atty
An airline mogul has doubled down on a bid to access the bank records of a North Carolina attorney and ex-FBI agent, saying those records will help "follow the money" to prove a large-scale hacking conspiracy against him that he claims involves a $35 million payout.
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April 12, 2024
Mercedes-Benz Gets Fraud Claims Clipped In Brake Suit
A Washington federal judge has thrown out the bulk of a man's claims in a proposed class action alleging Mercedes-Benz USA LLC sold vehicles with defective brake sleeves that can cause corrosion, finding he hasn't adequately pled that the company fraudulently hid the existence of the alleged defect.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
Hornblower Gets OK For Creditor Vote On Ch. 11 Plan
A Texas bankruptcy judge on Friday sent Hornblower Holdings' Chapter 11 plan out for a creditor vote after hearing the cruise and tour operator had resolved creditor objections to its plan disclosure statement.
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April 12, 2024
High Court Keeps Arbitration Exemption's Focus On Workers
The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.
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April 11, 2024
Judge Criticizes USPS As K-9 Screening Contract 'Saga' Ends
A Court of Federal Claims judge criticized the U.S. Postal Service on Thursday for poor communication and management related to a canine mail screening procurement, as he ruled that a company whose screening contract was terminated could not join a related protest.
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April 11, 2024
Auto Tech Group Floats Bill To End Abusers' Car Access
An auto technology group is pressing Congress to pass legislation that would make it easier for domestic violence survivors to cut off abusers' access to vehicles that use advanced wireless connectivity and could be used to track abused partners.
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April 11, 2024
NJ Climate Suit Goes 'Far Beyond' Boundaries, Oil Cos. Say
Six oil companies and an energy trade group told a judge Thursday that New Jersey Attorney General Matthew Platkin is attempting to stretch the state's tort law "far beyond" any manageable boundaries in attempting to hold them liable for allegedly misleading Garden State residents about the climate impacts of fossil fuels.
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April 11, 2024
Interior Dept. Finalizes Rule To Strengthen Endangered Species Act
The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.
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April 11, 2024
Canadian Trucking Co. Needs More Time For US DIP Approval
At a hearing Thursday in Delaware bankruptcy court, Canadian trucking company Pride Group was unable to reach an agreement on provisional approval of its debtor-in-possession facility that received the go-ahead in Canadian court, as the U.S. Trustee warned of the expanding scope of Chapter 15 provisional relief hearings.
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April 11, 2024
Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit
A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.
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April 11, 2024
Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses
An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.
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April 11, 2024
Judge Recommends State Court For Ore. County Climate Suit
A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.
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April 11, 2024
Longtime Hogan Lovells Transport Head Joins Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former head of Hogan Lovells' transportation practice as a Washington, D.C.-based partner and co-leader of its global automotive and mobility practice.
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April 11, 2024
3 Firms Vie To Lead RTX Stockholder Suit Over Engine Cracks
Saxena White PA and Labaton Keller Sucharow LLP on Thursday sought appointments as co-lead counsel in pension fund lawsuits alleging RTX Corp.'s stock fell when it revealed that cracks in a subsidiary's jet engines cost billions to repair, with Kaplan Fox & Kilsheimer LLP also seeking to lead the case for an individual investor.
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April 11, 2024
Fired Yellow Corp. Workers Can Proceed With Class Action
A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.
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April 11, 2024
EPA Says Colo. Air Pollution Plan Approval Was Proper
The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.
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April 11, 2024
United Airlines Defeats Religious Bias Suit Over Vax Mandate
United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.
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April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute
The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
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April 11, 2024
Conn. Attorney Accused Of Unreasonable Fees In VW Case
Connecticut's attorney disciplinary authority has accused an attorney of charging an unreasonable fee to a plaintiff in a 2022 defective product claim against Volkswagen of America and not providing documentation to support the fee, in violation of professional conduct rules.
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April 10, 2024
Hyundai, Kia Engine Fire Deal OK'd With 60% Atty Fee Cut
A California federal judge has given final approval to a settlement ending a second consolidated class-action litigation alleging Hyundai and Kia sold vehicles with defective engines prone to fires, while awarding plaintiffs' attorneys only $3.4 million of the $8.9 million they requested.
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April 10, 2024
US, Mexico Resolve Labor Complaints At Two Mexico Plants
Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.
Expert Analysis
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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Del.'s Tesla Pay Takedown Tells Boards What Not To Do
The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.
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Aviation Back On Course, But Keep Seat Belts Fastened
While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.
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Bid Protest Spotlight: Standing And A Golden Rule
In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
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.
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Employer Lessons From Nixed Calif. Arbitration Agreement
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.
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Legal Issues Loom For Driverless Trucking
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.
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Musk Pay Package Ruling Offers Detailed Lesson On Del. Law
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.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
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.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
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.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
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.