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March 14, 2024
Norfolk Southern Must Face Most Derailment Suit Claims
Norfolk Southern must face the bulk of the claims in consolidated suits brought over a train derailment and subsequent chemical spill in East Palestine, Ohio, a federal judge ruled in a spate of opinions that also kept intact most of the rail giant's third-party claims against a chemical company and two railcar leasing firms.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
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March 13, 2024
6th Circ. Kills Orders On Calculating Delivery Driver Costs
A Sixth Circuit panel has swept away rulings from courts in two separate states — one that sided with pizza delivery drivers and another that sided with the restaurants — over how drivers should be reimbursed for using their cars to make deliveries, saying they both got it wrong.
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March 13, 2024
6th Circ. Told Woman Helped Life Partner Avoid $3M In Taxes
The federal government justifiably sold off the property of a woman who paid for it with money from her dead long-term life partner, the U.S. government told the Sixth Circuit on Wednesday, saying the purchase helped her partner skirt more than $3 million in tax liabilities.
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March 13, 2024
FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.
An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.
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March 13, 2024
FERC Can't Change Power Auction Results, 3rd Circ. Rules
The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.
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March 13, 2024
Ohio Slams Justice's Bid To Keep Partisan Label Suit Alive
Ohio Supreme Court Justice Jennifer Brunner's effort to keep alive her suit challenging a new rule requiring certain judicial candidates in the state to have their political party affiliations listed on general election ballots did nothing to fix her complaint of numerous fatal flaws, the Ohio secretary of state has said.
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March 13, 2024
Online University, Workers To Settle Wage Suit For $110K
Employees of an online university based in Ohio asked a federal judge to sign off on a $110,000 deal ending their claims that the school stopped paying them for hours they had worked.
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March 12, 2024
Tire Cos. Seek Exit From Salmon-Harming Chemical Suit
A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.
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March 12, 2024
MV Realty Says NC AG Is Working For Real Estate Industry
Embattled Florida-based real estate company MV Realty told the North Carolina Supreme Court the state's attorney general is "wielding the power of the state under the guise of consumer protection" to shut down the business at the behest of "entrenched real estate brokerage interests."
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March 12, 2024
DC Circ. Questions MPLX Alternatives In FERC Decision
D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.
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March 12, 2024
NTSB Slams Order To Allow Hands-On Train Parts Inspection
The National Transportation Safety Board objected to a federal magistrate judge's order compelling it to let a rail car leasing firm and a chemical company physically inspect parts of the Norfolk Southern train that derailed in East Palestine, Ohio, last year, arguing its own investigation could be harmed.
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March 12, 2024
Ohio Atty Disbarment Sparks Call For Criminal Rule Change
The Ohio Supreme Court on Tuesday disbarred an attorney convicted of joining her boyfriend in the sexual abuse of his young daughter, rejecting as too lenient a state ethics board's recommendation that the attorney be suspended, and resurfacing a call for criminal justice reform from one justice of the court.
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March 12, 2024
6th Circ. Won't Revive Mich. Mall's Faulty Parking Lot Suit
A general contractor is not liable for a Michigan parking lot that began to fail "mere months" after construction, the Sixth Circuit said, finding the company did not violate its contract with outlet mall chain Tanger.
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March 12, 2024
GE Aerospace Plans $650M Manufacturing Investment
GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.
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March 11, 2024
Judge OKs Big-Box Stores' 'Flushable' Wipes Deals
A South Carolina federal judge has granted his blessing to a deal that ends claims that retailers and consumer products companies sold "flushable" wipes that clogged up sewer systems, despite objections from one Maryland public works that wanted to, but can't, "opt-out" of the settlement.
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March 11, 2024
Ohio Panel Backs Boys Home's Early Win Over Car Death Suit
An Ohio state appeals court backed an early win Monday given to a Cincinnati-area group home for "wayward boys" against claims that it negligently failed to supervise a boy in its care who then drove a car without a license, crashed and caused the death of one of his passengers.
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March 11, 2024
Shoppers' Kroger, Albertsons Suit Shelved Pending FTC Case
A California federal judge pumped the brakes Monday on a private lawsuit challenging Kroger's $24.6 billion bid for Albertsons, preferring to wait on the outcome of a Federal Trade Commission lawsuit against the deal newly filed in Oregon federal court.
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March 11, 2024
Goodyear, Competitors Hit With Another Tire Price-Fixing Suit
The Goodyear Tire and Rubber Co. and several of its competitors from around the globe were hit with a proposed class action accusing them of conspiring to universally hike up prices for their replacement tires, as the companies face increasing scrutiny.
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March 08, 2024
Split NC High Court Reopens Embattled Realty Firm
The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.
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March 08, 2024
Abercrombie Ex-CEO Gets Legal Fees For NY Sex Assault Suit
Abercrombie & Fitch Co. must front the legal fees of a former CEO accused of using his position to sexually abuse aspiring male models, a Delaware Court of Chancery judge ruled Friday, finding the allegations raised in a New York federal lawsuit were tied to his corporate role.
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March 08, 2024
Debt-Stricken Homeowners Fight Back After High Court Ruling
Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.
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March 08, 2024
Migrant Parole Program Survives GOP States' Challenge
A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.
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March 08, 2024
Ohio Panel Revives Gov't Contract Overseer's Breach Suit
An Ohio appellate court revived a government contract administration company's suit against a state agency it claimed cut its revenue by millions by diverting potential projects from the firm despite their third-party administrator contract, reversing a lower court's decision that the claim was filed too late.
Expert Analysis
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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C-PACE Laws Offer Boost For Sustainable Development
As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Piecing Together The Blockchain Evidentiary Hurdles
There are common challenges to introducing blockchain evidence at trial and a lack of uniformity in evidentiary codes at the state and federal levels means litigants must carefully navigate the uncertain blockchain puzzle, says Brett Sager at Ehrenstein Sager.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Would Biden Airline Service Order Raise 'Major Questions'?
President Joe Biden's recent pledge to require airlines to compensate passengers for delays and cancellations could run afoul of the U.S. Supreme Court's recently expounded "major questions" doctrine — but that will depend on what kind of action the administration takes, and how federal courts choose to apply the doctrine, says Roger Clark at Signature Resolution.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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What 6th Circ. Ruling May Portend For PFAS Coverage Cases
The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.