• January 26, 2023

    Class Attys Want $14M For Amplify's $50M Oil Spill Deal

    Attorneys for putative classes in a suit against Amplify Energy over an oil pipeline leak along the Southern California coast asked a federal judge to award them nearly $14 million in fees, reimbursed litigation expenses and service awards for class members, after securing a $50 million deal for their claims.

  • January 26, 2023

    ESOP's Arbitration Clause Conflicts With ERISA, Judge Says

    A Delaware federal magistrate judge recommended tossing a bid by a cargo airline's owners to arbitrate a suit claiming they sold overvalued shares of the company to an employee stock ownership plan, finding the plan's arbitration provision conflicts with the Employee Retirement Income Security Act.

  • January 26, 2023

    Biz's Name Change Doesn't Undo Waiver Of Motorist Coverage

    An insurer doesn't owe underinsured motorist coverage to the president of a construction company who was injured in a car accident, the Pennsylvania Superior Court ruled, saying the company's initial waiver of UIM benefits was not undone by a corporate name change on the policy.

  • January 26, 2023

    Mazda Gets Texas, California Classes Nixed In Pump Suit

    A California federal judge has decertified two classes in a suit alleging Mazda Motor of America Inc. sold vehicles with faulty water pumps, finding that there was no evidence to indicate the defect manifested often enough to support claims under Texas law and California's Song-Beverly Act.

  • January 26, 2023

    2nd Circ. Sides With Tribe In NY Thruway Ruling

    A split Second Circuit on Thursday sided with a Native American tribe in its challenge to part of the New York State Thruway that runs through its reservation, ruling the tribe can pursue its claims against New York state officials because the suit falls under an exception to the U.S. Constitution's Eleventh Amendment.

  • January 25, 2023

    Ex-Tesla CFO Tells Jury Paperwork On Deals 'Not Elon's Style'

    Former Tesla Inc. executive Deepak Ahuja told a California federal securities trial jury on Wednesday that he believed an oral offer from Saudi Arabia's Public Investment Fund to Tesla CEO Elon Musk to take the company private was "serious," saying paperwork on such deals "was not Elon's style at all."

  • January 25, 2023

    Lyft Tells Texas Court Its Excess Policies Are Confidential

    Lyft Inc. urged a Texas state appeals court to reverse a lower court ruling and keep its excess insurance policies confidential in an ongoing personal injury suit, arguing that a public release would give competitors an unfair advantage and threaten its position in the ride-hailing industry.

  • January 25, 2023

    Walmart Destroyed Evidence In Amputation Suit, Judge Says

    A Florida federal judge ruled Wednesday that Walmart destroyed evidence in a case in which a delivery driver lost his legs after a collision with a company tractor at a Walmart Inc. distribution center, finding that the company's failure to preserve the tractor, its maintenance logs and surveillance video constituted negligence.

  • January 25, 2023

    737 Max Families Eye Compliance Monitor For Boeing

    Families of victims of the 737 Max crashes said Boeing must be overseen by an independent compliance monitor under new conditions they intend to ask a Texas federal judge to impose on the U.S. aerospace giant at a public arraignment Thursday.

  • January 25, 2023

    Manchin Bill Calls For Pause Of EV Tax Credit

    U.S. Sen. Joe Manchin announced a bill Wednesday pushing the U.S. Department of the Treasury to ensure compliance with certain supply chain requirements before implementing new consumer electric vehicle tax credits, as intended by the Inflation Reduction Act of 2022.

  • January 25, 2023

    Texas Appeals Court Dismisses DHL Express' Airport Dispute

    A Texas appeals panel has rejected DHL Express' attempt for a ruling in its favor against the San Antonio International Airport on Wednesday, agreeing that San Antonio was immune from litigation and that the courier's initial suit should be dismissed.

  • January 25, 2023

    9th Circ. Partly Revives Fiat Chrysler Transmission Claims

    The Ninth Circuit on Wednesday reinstated a suit alleging FCA US LLC sold vehicles with defective transmissions, finding that the trial court was wrong to throw out the proposed class claims related to fluid levels based on an inability to calculate damages.

  • January 25, 2023

    Snapchat Can't Shake Speed Filter Injury Suit

    Snapchat was dealt another blow by Georgia appellate judges on Wednesday in a product liability case over its so-called speed filter, losing a debate about whether a couple sufficiently alleged the filter's negligent design was the proximate cause of their injuries.

  • January 25, 2023

    Walmart Not Covered For Trucking Death Suit, Insurer Says

    Walmart isn't covered for a lawsuit alleging it was negligent in contracting with a shoddy trucking company whose driver caused a fatal accident, an insurer told a Texas federal court, arguing that the retailer can't make use of an additional-insured provision in the trucking company's policy.

  • January 25, 2023

    10th Circ. Finds Farm Bill Didn't Create Private Right Of Action

    The Tenth Circuit said the 2018 Farm Bill does not create a private cause of action for hemp farmers, according to an order dismissing a hemp grower's suit against the Denver Police Department over the seizure of his plants at Denver International Airport.

  • January 25, 2023

    Virgin, Alaska To Pay Nearly $31M To Attendants In Wage Suit

    Virgin America and Alaska Airlines will pay nearly $31 million to a class of flight attendants following a California federal judge's direction to reevaluate the penalties the airlines owed for stiffing workers' pay after the case went to the Ninth Circuit.

  • January 24, 2023

    Musk Tells Jury 'Funding Secured' Tweet 'Right Thing' To Do

    Tesla Inc. CEO Elon Musk told a jury on Tuesday in a California federal securities trial that he thought he "was doing the right thing" by posting a 2018 tweet about having secured funding to take the company private, saying the move was intended to keep shareholders informed.

  • January 24, 2023

    Rare COVID Benefits Award Yields Workers' Comp Road Map

    A recent workers' compensation case awarding benefits to the family of a Pennsylvania public transit worker who died of COVID-19 is a rare victory for plaintiffs struggling to convince judges that the virus was caught during the course of employment and is a decision that could open the door to other types of recovery, plaintiffs attorneys say.

  • January 24, 2023

    No Difference Between Backhoes And Excavators, Feds Say

    A machine parts company's efforts to distinguish backhoes from excavators in order to avoid tariffs fell apart upon review of the industry's use of the terms, attorneys for the U.S. government told the U.S. Court of International Trade.

  • January 24, 2023

    Southwest Properly Denied Severance To Pilot, Judge Says

    A Texas federal judge tossed out a former Southwest pilot's claim that the airline wrongly denied him a severance package at the onset of the COVID-19 pandemic but kept in play his claim accusing Southwest of making false promises to him.

  • January 24, 2023

    Drivers Rip Fiat's Bid To Snuff Minivan Fire-Risk Recall MDL

    Consumers have told a Michigan federal judge that Fiat Chrysler cannot dodge consolidated class claims alleging certain Pacifica plug-in hybrid electric minivans could spontaneously explode and erupt into flames, insisting they've adequately spelled out how the automaker skimped on safety when developing the minivans.

  • January 24, 2023

    Highway Contractor Wins Another $7M From Lima

    An international tribunal has rejected the Peruvian city of Lima's attempts to void an allegedly corrupt highway construction contract that led to a more than $131 million arbitral award, instead awarding the contractor more than $7 million in additional lost profits.

  • January 24, 2023

    EPA Inks $1.35M Deal With Rail Co. Over CAA Violations

    The federal government announced Tuesday that it has struck a $1.35 million settlement with ​​an international freight rail provider and its subsidiaries, resolving claims they violated the Clean Air Act by failing to meet regulatory requirements for locomotive emissions and maintenance.

  • January 24, 2023

    Farmers Say Not To Cut Down Deere 'Right To Repair' Suit

    A group of farmers alleging John Deere forces tractor owners to go through its dealers and affiliates for repairs is urging an Illinois federal court to deny the company's bid to dismiss their suit, saying the complaint adequately alleges all the elements of their antitrust claims.

  • January 24, 2023

    Fla. Agency Says New Septic Tanks Won't Kill Manatees

    Florida officials asked a federal judge to dismiss a suit brought by nonprofit Bear Warriors United Inc. accusing a state agency of violating the Endangered Species Act by allowing wastewater pollution that the group says is killing manatees, saying mitigation efforts are already in motion to protect the marine mammals.

Expert Analysis

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Accommodation Deals Could Aid Distressed Auto Suppliers

    Author Photo

    As the automotive industry faces inflation and rising raw materials costs, struggling auto suppliers should consider utilizing accommodation agreements, a key industry tool for facilitating a successful resolution of distressed situations both before and during a Chapter 11 case, say Jane VanLare and Thomas Lynch at Cleary.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2022

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

  • Hertz Ruling Could Help Debtors Avoid Make-Whole Premiums

    Author Photo

    A Delaware bankruptcy court’s recent ruling in Hertz, disallowing claims for make-whole premiums and post-petition interest at the contract rate, could be relied upon by debtors to sidestep those provisions, and potentially provide higher recoveries for equity holders, say Theresa Foudy and Alexander Severance at MoFo.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

    Author Photo

    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • Tesla Trial Is Likely To Hinge On Loss Causation

    Author Photo

    The verdict and any appeals in the securities litigation against Tesla and Elon Musk, which began in California federal court Tuesday, are likely to turn on the competing proofs of loss causation, if the short history of securities fraud trials is any indication, says Matthew Mustokoff at Kessler Topaz.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

    Author Photo

    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • Industry Takeaways From IRS Guidance On EV Tax Credits

    Author Photo

    The IRS and U.S. Department of the Treasury’s recently issued documents on tax credit eligibility for clean vehicle purchases showcases three important points for the electric vehicle industry, including emphasis on the importance of in-service dates, guidance on how leased vehicles could be evaluated, and insight into manufacturing requirements, says Levi McAllister at Morgan Lewis.

  • 6 Questions For Boutique Firms Considering Mergers

    Author Photo

    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

  • Chancery Ruling Reiterates Its Skepticism Of De-SPAC Deals

    Author Photo

    The Delaware Chancery Court's recent refusal to dismiss a complaint brought by a stockholder of a special purpose acquisition company in Delman v. GigAcquisitions3 follows a similar ruling last year and provides a further indication of the court's inherent mistrust of de-SPAC transactions, say attorneys at Sullivan & Cromwell.

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