Transportation

  • December 01, 2021

    Amazon Gets Flex Driver Privacy Suit Paused For Appeal

    A California federal judge on Tuesday agreed to stay a proposed class action accusing Amazon of wiretapping Flex drivers' private Facebook groups while the company appeals the denial of its bid to send the dispute to arbitration, finding that "the balance of hardships tips sharply in Amazon's favor."

  • December 01, 2021

    United Airlines Hit With Class Action Over 'Early Out' Benefits

    A retired flight attendant sued United Airlines in Illinois federal court Tuesday, claiming the airline illegally blocked her and other retirees from accessing benefits and additional pay through "early-out" severance programs, which the airline maintains are actually paid leaves of absence.

  • December 01, 2021

    Cessna Says Emirati Firm Ducking Fight Over $90M Award

    Cessna is urging a New York federal court to sanction an Emirati company and the family who controls it, arguing Tuesday that they have continued to evade its efforts to enforce a 6-year-old, $90 million arbitral award stemming from a defaulted business jet lease deal.

  • December 01, 2021

    NLRB Says Judge Left Out Key Testimony In Benefits Row

    The National Labor Relations Board on Wednesday ordered an agency judge to rethink his ruling that a contractor violated federal labor law by changing drivers' pay dates without telling them, saying the judge failed to consider testimony about whether the workers' union agreed to the changes.

  • December 01, 2021

    Appeals Board Denies Trailer Co.'s $4.5M Claims As Untimely

    A contract appeals board axed a trailer company's $4.5 million allegations that the Defense Contract Management Agency made serious changes to a semitrailer deal, saying the contractor took too long to bring the claims.

  • December 01, 2021

    Aircraft Lease Co. Says $20M Award Row Was Wrongly Tossed

    An aircraft leasing company has asked the D.C. Circuit to revive its lawsuit seeking to enforce a $20 million arbitral award issued after OJSC Tajik Air broke its lease on two planes, arguing that a lower court wrongly concluded that the Tajikistan state-owned airline is distinct from the Central Asian country.

  • December 01, 2021

    Texas Drivers Get Class Cert. In GEICO Total Loss Dispute

    A federal judge in Texas has certified a class action lawsuit against GEICO brought by Texas policyholders who allege that the insurer has systematically underpaid them for the actual cash value of their totaled vehicles by withholding fees and sales tax.

  • December 01, 2021

    GOP Sens. Press Sohn On 'Bias' Against Conservative News

    Progressive FCC nominee Gigi Sohn defended her record as a free speech advocate on Wednesday before the Senate Commerce Committee, as Republican lawmakers questioned her ties to a now-defunct streaming service and pressed her on some of her past tweets that criticized Fox News.

  • December 01, 2021

    House Transpo Chair DeFazio Won't Seek Reelection

    U.S. Rep. Peter DeFazio, the longtime Democrat from Oregon and chairman of the House Transportation and Infrastructure Committee, announced Wednesday that he will not seek reelection next year, stepping away from Capitol Hill after serving 36 years in the House.

  • December 01, 2021

    Ala. Judge Blocks City Tax On BNSF Railway Fuel Purchases

    BNSF Railway Co. is entitled to a $1.25 million refund of an Alabama city's diesel fuel tax, a state judge ruled Wednesday, finding an Eleventh Circuit decision barring the state from imposing discriminatory taxes on railroads applies to localities.

  • December 01, 2021

    Biden Admin. Urges Clear Global Rules In New Space Plan

    The White House on Wednesday outlined the administration's priorities for space, including establishing a "rules-based international order," as President Joe Biden expanded the National Space Council to add several cabinet secretaries and his top climate change official.

  • December 01, 2021

    Insurers Can't Override H-2B Criteria, BALCA Says

    A U.S. Department of Labor appeals board rejected a California trucking company's request to temporarily hire foreign workers through the H-2B visa program, saying the company held its drivers to tougher experience and age requirements than what the visa allows.

  • December 01, 2021

    Freight Co.'s Ex-CFO Gets 2 Years For Accounting Scheme

    The ex-chief financial officer of Roadrunner Transportation Systems was sentenced to two years in prison for his role in an accounting manipulation scheme that falsely inflated the trucking company's earnings and cost shareholders tens of millions of dollars, the U.S. Department of Justice announced Wednesday.

  • December 01, 2021

    Kirby To Pay $15M To Settle Oil Spill Pollution Claims

    Kirby Corp. on Tuesday agreed to pay $15.3 million to resolve pollution claims stemming from a 4,000-barrel oil spill in the Houston Ship Channel in March 2014.

  • December 01, 2021

    $200M Verdict Winners Seek 'Hidden' Info Of Parent Insurers

    A Florida couple who won a $200 million jury verdict over their son's boating death in Georgia has asked a state court to grant them access to "hidden" information about parent insurance company coverage they might be entitled to.

  • December 01, 2021

    Class Counsel Gets $4.8M For Mercedes Paint Deal

    A Georgia federal court has signed off on a $4.8 million award to class counsel for car owners who sued Mercedes-Benz USA LLC and Daimler AG over an alleged paint defect.

  • December 01, 2021

    Jordan Cove Developers Pull Plug On $10B Project

    Developers are pulling the plug on plans to build the contentious $10 billion Jordan Cove liquefied natural gas export terminal and pipeline in Oregon, telling the Federal Energy Regulatory Commission on Wednesday that they no longer believe they can get state permits.

  • December 01, 2021

    Delivery Workers, NYC Food Court Settle OT Claims

    Delivery workers and a New York City food court reached a settlement over the workers' claims that the company failed to pay them minimum wage and overtime, according to a New York federal court order.

  • December 01, 2021

    Broker Should Cover $4M Settlement, Transport Co. Says

    A transportation company sued its insurance broker in Ohio federal court Wednesday, accusing Arthur J. Gallagher & Co. of failing to acquire workers' compensation coverage for one of the company's subsidiaries.

  • November 30, 2021

    LATAM's Ch. 11 Plan Disappoints Creditors Committee

    Unsecured creditors of Chilean air carrier LATAM Airlines Group SA voiced their displeasure with the company's recently proposed Chapter 11 plan Tuesday in New York bankruptcy court, saying it gives insiders an unfair share of the reorganized entity.

  • November 30, 2021

    Michigan Focuses On State Court In Enbridge Pipeline Fight

    Michigan has decided to focus its fight against Enbridge's Line 5 crude oil pipeline on proceedings in state court, asking Tuesday to drop a related federal case over the state's revocation of an easement for an underwater segment of the line.

  • November 30, 2021

    Texas Justices Query Insurer's Safety Duty In Fatal Crash

    The Texas Supreme Court questioned Tuesday whether an insurer acted negligently when instructing a policyholder to have her husband take pictures of damage to a vehicle without specifying he should first make sure the scene was safe, after which the man was fatally hit by another vehicle.

  • November 30, 2021

    British Airways Sues Chicago Over Runway Debris Damage

    British Airways has hit the city of Chicago with a $3.2 million negligence suit alleging that three of its Boeing Dreamliner jets were damaged and taken out of service to have its engines repaired as a result of construction debris left behind on a runway at O'Hare International Airport.

  • November 30, 2021

    IP Challengers Lose Invalidation Bids After '101 Day' Fight

    A Delaware federal judge has shot down attempts by several companies, including Natera Inc. and grocery startup Instacart, to invalidate the patent claims they are accused of infringing.

  • November 30, 2021

    Simpson, Goodwin Guide $2.8B Blackstone-Cabot Deal

    Simpson Thacher represented Blackstone Group in connection with its deal, announced Tuesday, to purchase two industrial portfolios from Goodwin-counseled Cabot Properties for a total of $2.8 billion.

Expert Analysis

  • Avoiding Audit Disaster After Receiving A Disaster Grant  

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    Erin Greten and Thomas Barnard at Baker Donelson offer tips to help entities that received COVID-19-related federal assistance navigate complex audit processes, stay in compliance with spending requirements, and avoid civil liability or criminal prosecution.

  • Opinion

    Climate Change Lawsuits Are Not 'The New Tobacco'

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    Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Infrastructure Act Measures Could Affect Holiday Shipping

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    While some measures in the Infrastructure Investment and Jobs Act will take time to have an impact on shipping, other aspects of the law have the potential to help ease supply chain snarls quickly enough to expedite the movement of goods for the holiday shopping season, say Samuel Basch and Joseph Goldberg at Cole Scott.

  • 3 Cases Could Influence Electric Vehicle SPAC Litigation

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    Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

  • Record Award Shows Claims Court's Rising Role In IP Matters

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    The Court of Federal Claims' recent damages award of over $100 million in SecurityPoint Holdings v. U.S. — its largest-ever patent infringement award against the government — highlights the court's increasing importance in patent litigation, as well as its special jurisdiction requirements and fee standards, say Ranganath Sudarshan and Adam Mitchell at Covington.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

  • How Infrastructure Act May Spur New Transmission Projects

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    The recently enacted Infrastructure Investment and Jobs Act represents a major step in a new direction: direct funding for electric transmission investments, and rule changes that could serve to speed the often winding road to the successful construction of major transmission projects, say attorneys at Morgan Lewis.

  • How DOD's Climate Focus Will Affect Gov't Procurement

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    Attorneys at Arnold & Porter discuss effects of the Biden administration’s climate change policies on U.S. Department of Defense procurement, why government contractors should comment on related changes to the Federal Acquisition Regulation while they can, and risks and opportunities to watch for now that these policies are likely here to stay.

  • What EPA's Proposed Methane Rules Mean For Oil, Gas Cos.

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    The U.S. Environmental Protection Agency's new proposals targeting air emissions sources will reset the baseline for methane reduction requirements in the oil and gas sector, potentially threatening the enforceability of state emissions limits, say attorneys at Vinson & Elkins.

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