The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.
The U.S. government has sued a construction company and accused it of violating the False Claims Act by claiming to work with businesses run by socially and economically disadvantaged individuals during its time as a subcontractor on a New Jersey Turnpike project.
The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.
The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.
A New Jersey federal judge has rejected a bid from two BMW drivers to certify classes in their suit against BMW Of North America LLC alleging the company sold cars with defective engines, saying the experiences of the two named plaintiffs are not typical of one class they seek to represent.
The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.
Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."
A New York federal judge on Friday tossed flight attendants' lawsuit accusing Delta Air Lines of discriminating against Jewish and Israeli employees, non-Jewish employees who associate with them and passengers traveling to Israel, finding the suit doesn't allege facts to plausibly infer discrimination occurred.
The Federal Circuit on Friday refused to revive a contractor's challenge to a one-year extension to an unprofitable terminal services agreement, saying a government email was sufficient to trigger a contract extension provision.
A Florida federal judge on Friday trimmed claims against General Motors in multidistrict litigation alleging the automaker sold vehicles with defective Takata Corp. air bags, tossing nationwide federal warranty claims but coming down on both sides on claims brought under various state laws.
In the 2½ months since COVID-19 created a national emergency in the United States, dozens of companies have tilted into bankruptcy in the retail, travel and energy sectors, and a former bankruptcy judge predicts the turmoil will spread further through the economy in the coming months.
At least 50 federal securities cases with references to COVID-19 have been filed in the past three months, including merger challenges, regulatory enforcement actions and sprawling investor suits, according to a Law360 review of filings. As the pandemic pushes into the summer, Law360 is taking a look at eight major investor actions that were brought in connection with the novel coronavirus since March.
Chicago has agreed to pay $4.95 million to a proposed class of vehicle owners who claimed drug use-related vehicle impoundments violated their due process rights, the car owners told an Illinois federal court.
The Third Circuit on Friday revived a truck driver's suit alleging Patrick Industries fired him for taking medical leave to recover from a lung biopsy procedure, saying a lower court fumbled its analysis of whether he was regarded as disabled under federal anti-discrimination law.
Satellite operator Ligado Networks pushed back on the U.S. Department of Defense's bid to nix its planned 5G network by defending the Federal Communications Commission's green light for the project in a filing Friday.
Rolls-Royce and Boeing are urging a South Carolina court not to allow an aerospace component parts maker to move ahead with deposing three witnesses to a plane testing accident in order to provide testimony in a U.K. arbitration, saying the U.S. Supreme Court needs to weigh in first.
The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.
The Fifth Circuit on Friday refused to revive a suit by a former employee of an auto parts maker who claimed he was wrongly fired for having a gun in his vehicle at work, saying a Mississippi state law allowing workers to have firearms in their cars didn't apply.
Two Montana-based Native American tribes filed a lawsuit against the U.S. government on Friday challenging the approval of an oil pipeline being built near the Fort Peck Indian Reservation, claiming federal agencies failed to consider how the project would impact the tribes.
U.S. securities regulators told a California federal judge that Volkswagen knowingly misled bond investors by failing to disclose its "clean diesel" emissions cheating scheme, so it's still on the hook for securities fraud even after reaching settlements with other agencies.
Instead of providing paid sick leave for its drivers during the coronavirus pandemic, Lyft Inc. is forcing employees to either risk their health and the health of their passengers or risk their livelihoods, according to a class action filed Friday in D.C. federal court.
The parent of Florida-based Advantage Rent A Car told a bankruptcy judge Friday that it hopes for a "last-ditch sale effort" on a tight timeline that would see a Chapter 11 transaction approved by June 26 after its business crumbled due to the COVID-19 pandemic.
Rhode Island told the First Circuit that a pair of recent Ninth Circuit decisions lend support to its argument that a lower court correctly sent back to state court the state's lawsuit seeking to pin climate change-related infrastructure costs on energy giants like Chevron.
Drivers for Uber and other app-based car services are asking a New York federal judge to order the Empire State to immediately pay them unemployment benefits, saying they'll likely prevail in their suit claiming the state delayed relief by treating them as independent contractors.
President Donald Trump announced on Friday that he will begin to strip away Hong Kong's special trading status in the wake of the U.S. Department of State's determination that the region is no longer autonomous from China, further ratcheting up his showdown with Beijing.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
COVID-19 has led to municipal legislation focused on scheduling, paid sick leave, anti-retaliation and protections for laid-off workers that businesses must monitor and adapt to as they call back employees and resume customer services, say Julie Trester and Jeremy Glenn at Cozen O'Connor.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.
A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation, and a recent California federal court's decision in WeRide v. Huang is a great example of how plaintiffs can use spoliation offensively to obtain a win, say attorneys at Arent Fox.
Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
The New York Public Service Commission's recent order directing investor-owned utilities to rapidly review their distribution and local transmission infrastructure represents a turning point in the state's efforts to update its electric grid for green energy — so interested stakeholders must weigh in soon, says Kevin Blake at Phillips Lytle.
Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.
Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.
During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.