Transportation

  • February 09, 2024

    9th Circ. Says Ford Must Face F-350 Crushed Roof Lawsuit

    The parents of a rodeo barrel racer who died when the roof of her F-350 Super Duty pickup caved in during a rollover will get another shot at pursuing their lawsuit against Ford, the Ninth Circuit ruled, saying their design defect claims aren't time-barred under California law.

  • February 09, 2024

    FERC Gets Full-Time Chair, But Another Exit Fuels Uncertainty

    President Joe Biden on Friday formally removed the "acting" designation from Federal Energy Regulatory Commission Chair Willie Phillips, the same day fellow Commissioner Allison Clements confirmed she won't seek another term, which could potentially leave FERC without enough members to fully function.

  • February 09, 2024

    Lack Of Expert Won't Derail CSX Engineer's Hearing Loss Suit

    An Alabama federal court has ruled a former engineer for CSX Transportation Inc. can pursue his negligence claims against the railroad company, saying a layperson can understand how being close to a loud train horn could cause hearing loss without an expert's explanation.

  • February 09, 2024

    Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes

    A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Vidal Told PTAB Rightly Denied Ford, Honda Cases

    A wireless communication patent owner has said U.S. Patent and Trademark Office Director Kathi Vidal should back the Patent Trial and Appeal Board's rejection of challenges from Ford and Honda.

  • February 09, 2024

    Ford Plant's Meetings Cheat Workers Out Of OT, Court Told

    Process coaches at Ford must attend pre- and post-shift meetings before they clock in and after they clock out, cheating them out of overtime pay, a former worker alleged in a proposed collective action filed in Ohio federal court.

  • February 09, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • February 08, 2024

    US Targets Price Cap Evaders, Bans Russian Diamonds

    The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.

  • February 08, 2024

    Yamaha Worker Must Arbitrate PAGA Claim, Panel Rules

    A California state appellate court on Thursday reversed in part a trial court's order in a proposed class action accusing Yamaha Motor Corp. of withholding wages, saying recent rulings in the Golden State's high court require the former employee to arbitrate her individual Private Attorneys General Act claim.

  • February 08, 2024

    Manchin Says Biden Admin Mishandled LNG Pause

    Sen. Joe Manchin expressed his dismay at the Biden administration's late-January announcement to pause liquified natural gas export permit approvals, telling David Turk, the deputy secretary of energy, in a hearing on Thursday that the administration should have turned to the Senate for discussion before making the decision.

  • February 08, 2024

    Ex-CEO Accused Of Embezzling $5.9M Cops To Wire Fraud

    The ex-CEO of an alternative energy startup he founded pled guilty Thursday to one count of wire fraud in D.C. federal court, after being accused of embezzling $5.9 million.

  • February 08, 2024

    Blade Air Investor Sues KSL Capital, Others Over SPAC Deal

    A shareholder of urban air transport venture Blade Air Mobility Inc. on Thursday filed a lawsuit in Delaware's Court of Chancery against key figures of the special-purpose acquisition company that took it public, along with the deal's sponsor KSL Capital Partners.

  • February 08, 2024

    'Utter Chaos' If Duty To Defend Ruling Is Upheld, 5th Circ. Told

    Upholding a Texas district court's ruling that Kinsale Insurance Co. must defend wrongful death claims stemming from an amateur racing event because of policy ambiguities would create "utter chaos," the insurer told the Fifth Circuit on Thursday, noting the policy at issue involved standard-form exclusionary endorsements.

  • February 08, 2024

    Senate Committee Advances FAA Reauthorization Bill

    A U.S. Senate panel on Thursday advanced multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, while also dedicating resources to hiring more air traffic controllers and inspectors, enhancing passenger protections, and integrating more drones and so-called air taxis.

  • February 08, 2024

    NJ, Ft. Lee Mayor Fail To Merge NY Congestion Pricing Suits

    A federal judge on Thursday rejected a bid to consolidate two lawsuits — one filed by New Jersey, the other by the mayor of a Garden State town — seeking to halt New York City's congestion pricing toll plan, ruling that the suits make similar claims but seek different remedies.

  • February 08, 2024

    DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal

    Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.

  • February 08, 2024

    DOJ Wants More Info On Alaska-Hawaiian Airlines Deal

    The U.S. Department of Justice is seeking additional information from Hawaiian Airlines and Alaska Airlines on their proposed $1.9 billion merger, according to filings with the U.S. Securities and Exchange Commission on Wednesday.

  • February 08, 2024

    Transport Co. Agrees To Settle Workers' Retirement Plan Suit

    Former transportation company employees told an Ohio federal court Thursday they reached a deal with the company to end a class of workers' lawsuit alleging the company followed the poor advice of its investment consultant in replacing most of its retirement plan options with subpar funds.

  • February 08, 2024

    11th Circ. Keeps Nissan's Win In Mechanics' Wage Suit

    Nissan can escape a proposed wage and hour collective action brought by dealership mechanics because it didn't jointly employ them, the Eleventh Circuit said Thursday, upholding a Florida federal court's decision in favor of the car manufacturer.

  • February 08, 2024

    NTSB Accused Of Withholding Derailed Train Parts

    Rail car leasing firm GATX Corp. and chemical firm OxyVinyls LP asked an Ohio federal judge to force the National Transportation Safety Board to let them examine parts from the Norfolk Southern train that derailed in East Palestine last year, claiming the agency is holding out on them.

  • February 08, 2024

    New Eagle Rule Aims To Expand Clean Power, Protect Birds

    Federal wildlife regulators on Thursday put out streamlined permitting for wind farms, power lines and other projects that unintentionally kill, injure and disturb bald and golden eagles, a move welcomed by clean power and conservation groups.

  • February 08, 2024

    Ex-UPS Worker Urges 11th Circ. To Save Retaliation Suit

    A former United Parcel Service package handler and Teamsters union member in Florida has pressed the Eleventh Circuit to reinstate a retaliation lawsuit over his termination after sustaining a knee injury, saying he was fired while recovering but not properly notified until months later.

  • February 08, 2024

    Biden Nominates Ex-Hogan Lovells Associate For GC Post At DOT

    President Joe Biden announced Thursday he is nominating a former Hogan Lovells attorney who has served in multiple posts with the U.S. Department of Transportation to be the department's top lawyer.

Expert Analysis

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

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    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

  • Retailers: Beware Legislator And Regulator Junk Fee Focus

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    In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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