Transportation

  • February 06, 2023

    Elon Musk Deserves Credit For Tweet Trial Win, Attys Say

    The jury verdict clearing Elon Musk of securities fraud over his Tesla "take private" tweets surprised lawyers interviewed by Law360 on Monday, who pointed to a confusing verdict form, a complex fact pattern and Musk's confident turn on the witness stand as factors that likely contributed to the Tesla CEO's victory.

  • February 06, 2023

    United Flight Attendants Win OK On $53.5M Pay Stub Deal

    A California federal judge gave his initial blessing Monday to a $53.5 million deal that United Airlines and a class of flight attendants inked to resolve claims that the company issued insufficiently detailed wage statements.

  • February 06, 2023

    Marine Traffic Org. Must Face Suit For SoCal Oil Spill

    The maritime monitor for commercial traffic in San Pedro Bay can't escape a lawsuit by Amplify Energy Corp. which seeks to hold it partially responsible for a crude oil pipeline leak which has cost the company roughly $69 million, a California federal judge ruled Monday, rejecting the entity's claims that it operates under the U.S. Coast Guard.

  • February 06, 2023

    Fla. Judge Axes Sanctions In Deadly Tesla Collision Suit

    A Florida magistrate judge on Monday declined Tesla's request to impose penalties on the estate of a 22-year-old woman that sued the carmaker over a deadly collision in 2019, finding answers to the company's demand for admissions over disputed facts in the case were neither untimely nor noncompliant.

  • February 06, 2023

    Chicago Accused Of Wrongly Shielding Docs In Towing Row

    The city of Chicago is asserting a privilege Illinois doesn't recognize for state or local officials to withhold a significant number of "clearly discoverable" documents in a lawsuit targeting allegedly improper towing, a vehicle owner has argued.

  • February 06, 2023

    Wash. Urges Dismissal Of Sauk-Suiattle's Retail Tax Challenge

    The head of Washington's tax department is asking a federal judge to dismiss litigation in which the Sauk-Suiattle Indian Tribe seeks to avoid paying sales tax on retail purchases delivered to its reservation, saying the state does not tax such transactions and offers refunds in case of error.

  • February 06, 2023

    Girardi Competency Hearing Ordered In LA Wire Fraud Case

    A California federal magistrate judge entered a not guilty plea Monday for disgraced former attorney Tom Girardi on behalf of the court, pending a competency hearing to determine his ability to face wire fraud charges connected to his alleged theft of millions from clients of his former firm, Girardi Keese.

  • February 06, 2023

    8th Circ. Says Estate's Suit Against Auto Insurer Atty Is Barred

    The estate of a South Dakota man who was killed in a 2009 car collision cannot pursue a malpractice claim against the lawyer representing the other driver's insurance company, the Eighth Circuit has determined, predicting "the South Dakota Supreme Court would prohibit the assignment of legal malpractice claims."

  • February 06, 2023

    Fed. Circ. Scolds Commerce Before Tossing Tire Duty Case

    A Federal Circuit panel upbraided the U.S. Department of Commerce for failing to explain the process at the center of a tariff challenge Monday, before tossing the importer's case and leaving the duty rate in place.

  • February 06, 2023

    High Court Ruling Hobbles Climate Policy Moves, Sen. Says

    The U.S. Supreme Court's blockbuster ruling last year in West Virginia v. Environmental Protection Agency threatens to not only hamstring climate change efforts by the Biden administration, but Congressional efforts as well, a top Senate climate hawk said Monday.

  • February 06, 2023

    FHWA Gives Tribes $21M For Road Safety Improvements

    The Federal Highway Administration has announced that 70 Native American tribes will receive about $21 million for 93 infrastructure projects to improve road safety on tribal lands, saying the grant money will help reduce fatalities in high-risk areas.

  • February 06, 2023

    E-ZPass Site Excessively Burdensome To Navigate, Suit Says

    A potential class action filed in Brooklyn federal court Saturday says the E-ZPass website prevents users from finding toll violations by using deceptive user interface tactics known as "dark patterns."

  • February 06, 2023

    Indian Auto Co. Says It Steered Clear Of Jeep Trade Dress

    Urging a Michigan federal judge not to ban the U.S. sale of its updated off-road vehicle, an Indian automotive company said that it had made good-faith efforts to make the new model clearly distinct from Fiat Chrysler's classic Jeep Wrangler.

  • February 06, 2023

    Ex-Client Says Fla. Law Firm Behind On Malpractice Deal

    A former client of Florida-based law firm Gary Williams Parenti Watson & Gary PLLC has told a Georgia federal court the firm is in default of their confidential settlement agreement in her malpractice suit and thus owes her almost $580,000.

  • February 06, 2023

    Catching Up With Delaware's Chancery Court

    Bacardi and Jay-Z finally clinked glasses and resolved their long-running dispute over D'Usse cognac, a 72-year-old rule on judicial appointments got tossed, and three more electric vehicle companies asked the court to retroactively validate shares.

  • February 06, 2023

    Attys Fight Yacht Donor's Malpractice Suit Over $4.6M Tax Bill

    A New York federal court should toss a woman's malpractice lawsuit accusing two attorneys of giving shoddy legal advice relating to a yacht donation that led to a $4.6 million tax bill, the attorneys said, arguing the case was brought more than three years too late.

  • February 06, 2023

    Air Force Reservist Says UPS Firing Was Discriminatory

    UPS fired a part-time package loader because of his plans to fulfill his obligations to the U.S. Air Force, the worker alleged in a lawsuit in Georgia federal court.

  • February 06, 2023

    HyreCar Hires Adviser As It Explores Potential Go-Private Sale

    Los Angeles-based peer-to-peer ride-sharing platform HyreCar Inc. announced Monday that it has brought on a financial adviser while it evaluates potential strategic alternatives, which include a potential go-private sale roughly five years after hitting the public market.

  • February 03, 2023

    Fla. Trial Atty Sanctioned And Should Pay Costs, Court Says

    A Florida appeals court said Friday that "intentionally misleading and deceptive statements" made by defense counsel to the judge and jury during a car crash trial and improper discovery actions warranted the imposition of monetary sanctions on the attorney and a possible suspension.

  • February 03, 2023

    Ex-Fiat Plant Worker's Retaliation Suit Dashed Again

    Fiat Chrysler and a staffing agency cemented their win Thursday against a worker's allegations that he was fired for internally reporting possible asbestos exposure at a Fiat plant, after a Michigan appeals panel found the worker's tort claims should have been brought by regulators.

  • February 03, 2023

    NJ Transit, County Face Class Action Over Flooding From Ida

    New Jersey Transit and a county public works department are liable for damage to dozens of homes and businesses due to open flood control gates and a train that frustrated mitigation efforts when it became disabled in the rising waters, a putative class action filed in state court alleges.

  • February 03, 2023

    Trailer Co. Can't Skirt Patent Invalidation At Fed. Circ.

    A split Federal Circuit panel on Friday upheld the Patent Trial and Appeal Board's decision to invalidate multiple claims of manufacturer Transtex Inc.'s trailer skirt patent, echoing a related ruling from 2021.

  • February 03, 2023

    Ghana Escapes Investor's $55M Claim Over Traffic Project

    A Permanent Court of Arbitration tribunal says it's not the arbitrators' place to weigh in on a $55 million claim lodged by a Chinese investor against the Republic of Ghana, finding that a bilateral investment treaty between the two countries doesn't vest the tribunal with subject matter jurisdiction over the contract dispute.

  • February 03, 2023

    Electric Truck Co. Nikola, Ex-CEO Beat Investors' Fraud Suit

    An Arizona federal judge has dumped consolidated shareholder claims that electric truck maker Nikola Corp. exaggerated its business prospects, saying investors haven't established that top executives schemed to artificially boost Nikola's stock price, but noted that Nikola's public disclosures could've been more carefully worded to caution investors.

  • February 03, 2023

    'Green Shoots' Start To Emerge From A Bruised IPO Market

    The battered initial public offerings market is showing signs of life in early 2023 that could set the stage for gradual recovery later this year, marking a potentially welcome development for capital markets lawyers after a bruising 2022.

Expert Analysis

  • 10 Areas To Watch In Aerospace And Defense Law

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    Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

  • Opinion

    Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Navigating DOJ's Fresh Focus On Criminal Monopoly Charges

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    For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Opinion

    Religious Claims Shouldn't Put US Minerals Off Limits

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    To build our high-tech future, the U.S. will need to access the strategic mineral resources found on publicly owned federal lands — but to do so, we will need a better tool to adjudicate tribal religious claims than the overly restrictive Religious Freedom Restoration Act, says Tony Francois at Briscoe Ivester.

  • GM Rulings Maintain Fed. Circ. Design Patent Invalidation Bar

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    The Federal Circuit's two recent LKQ Corp v. GM Global findings that two design patents were not anticipated or obvious over prior art show that the high bar to invalidate a design patent as obvious remains intact, at least for now, say attorneys at Sterne Kessler.

  • Mapping The Transport Sector's Road To Zero Emissions

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    Transportation companies that hope to lead the multiagency U.S. National Blueprint for Transportation Decarbonization's recently announced transition to zero-emission vehicles and fuels should anticipate a host of commercial and legal issues, say Levi McAllister and Pamela Wu at Morgan Lewis.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Opinion

    High Court Dispute Shows Need For CWA Clarity

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    Sackett v. U.S. Environmental Protection Agency illustrates the problems with two overly broad tests used to determine jurisdiction under the Clean Water Act, and offers the U.S. Supreme Court the opportunity to once and for all determine the scope of federal authority under the landmark measure, say Thomas Ward and Jeffrey Augello at the National Association of Home Builders.

  • Conducting M&A Transactions In A Challenging Market

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    Jeffrey Rosen and Katherine Taylor at Debevoise discuss the trends and prospects for mergers and acquisitions in an uncertain marketplace, where drivers remain, and the need for stockholder approval could drive more efforts to provide value to these investors.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

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