Transportation

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Judge Says He'd Be Spooked By Mercedes Recall Notice

    A Washington federal judge hinted on Monday that a Mercedes-Benz driver likely had standing in a proposed class action after getting a recall notice about a potentially dangerous brake issue, with the judge remarking that such a warning would make him afraid to take his car on the road until an inspector cleared it.

  • April 09, 2024

    Nikola Investors' SPAC Fraud Suit Moves Ahead

    Board directors of electric truck maker Nikola Corp. and the blank-check company that took it public for $3.3 billion in 2020 must face shareholders' derivative claims of insider trading, securities fraud and merger-related breaches after Delaware's Court of Chancery on Tuesday denied more than half of the defense's motions to dismiss.

  • April 09, 2024

    Texas Court Unsure It Has Jurisdiction Over Auto Co.'s Rival

    A three-judge panel for a Texas appellate court prodded the argument of an automotive repair services company, asking how it could establish that it has jurisdiction over the company's business rival given the rival's loose ties to Texas during oral arguments Tuesday.

  • April 09, 2024

    Colo. Justices Doubt Workers' Comp Stops Insurance Suits

    A Colorado Supreme Court justice expressed doubt Tuesday that lawmakers, in crafting Colorado's workers' compensation law, intended to make employees choose between getting workers' comp and suing their employer's auto insurer when injured on the job by an underinsured driver — tackling a question that has stymied the state's federal judiciary.

  • April 09, 2024

    How Imminent Is 'Imminent,' Judge Asks In Supply Chain Fight

    A Colorado federal judge asked an auto parts supplier Tuesday how quickly a Michigan company's alleged violation of an exclusivity deal would have tangible effects, as he considered temporarily stopping the Michigan firm from using other suppliers.

  • April 09, 2024

    Spirit Flies Away From Wiretap Suit Over Site User Tracking

    Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.

  • April 09, 2024

    GM Rips 'Word Salad' Discovery Request, Fights Sanction Bid

    General Motors and its Detroit Renaissance Center told a Michigan federal judge Monday that guests of the center's Marriott hotel are unfairly demanding sanctions over allegedly unreasonable discovery requests, saying the businesses are making every effort to respond in a timely fashion to the "burdensome" interrogatories.

  • April 09, 2024

    Ga. Firm Fights Sanctions Bid For Pursuing COVID-19 Suit

    A Georgia law firm has urged a federal court to reject a sanctions motion against it for pursuing claims that businesses failed to protect a worker against catching COVID-19, arguing the bid is untimely and saying the companies made misleading statements about the case in their request.

  • April 09, 2024

    ArentFox Schiff Bets On Auto Sector With 4 Boston Partners

    ArentFox Schiff LLP has brought on four partners from midsize Boston firm Burns & Levinson LLP who specialize in representing the automotive industry, according to a Tuesday announcement by the firm.

  • April 09, 2024

    California Can Set Own Emissions Standards, DC Circ. Says

    The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.

  • April 09, 2024

    Norfolk Southern Settles Train Derailment Suits For $600M

    Norfolk Southern Corp. has agreed to settle the consolidated class action claims brought against it over its tragic train derailment and toxic chemical spill in East Palestine, Ohio, for $600 million, according to a joint motion filed in federal court Tuesday.

  • April 08, 2024

    Fiat Chrysler Beats Faulty Rearview Camera Class Action

    A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.

  • April 08, 2024

    Ford Motor Co. OT Claims Transferred To Michigan

    An Ohio federal judge sent a proposed collective action by a former Ford Motor Co. plant worker to the Eastern District of Michigan on Monday after the worker and the auto manufacturer said the case is better dealt with near Ford's headquarters in Detroit.

  • April 08, 2024

    FTC's Slaughter Defends International Cooperation

    Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.

  • April 08, 2024

    Pepperidge Farm Distributor Can Keep Delivering Cookies

    Pepperidge Farms will have to keep using a distributor that is suing the cookie company for showing up with six moving vans on a Friday night to seize its inventory, after the California federal judge who handed down the preliminary injunction accused Pepperidge Farms of trying to "hijack" the distributorship.

  • April 08, 2024

    Vidal Wants PTAB To Take Fresh Look At Radiator Patent Fight

    The Patent Trial and Appeal Board has to take another look at its decision not to review a fight against a patent covering a way to stop decay on radiators in vehicles, the head of the U.S. Patent and Trademark Office has ruled.

  • April 08, 2024

    US Pledges $6.6B To TSMC As Chip Co. Eyes 3rd Ariz. Plant

    The Biden administration on Monday proposed a pledge of $6.6 billion to Taiwan Semiconductor Manufacturing Co. in hopes of boosting the U.S. domestic semiconductor industry as the chipmaking giant eyes a third fabrication plant in Arizona.

  • April 08, 2024

    Experts Call For New Agency To Regulate Space Operations

    A group of military space officials has called on the White House to create a new cabinet-level agency for space operations to cut red tape and keep the U.S. ahead of its rivals as a global leader in space operations.

  • April 08, 2024

    Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row

    Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.

  • April 08, 2024

    Tesla Owner Claims Company's Warranty Misled Customers

    A California Tesla owner claims the electric vehicle company falsely advertised a battery warranty and refused to replace a fuse on his car without charge, a repair that should have been covered by the agreement, according to a proposed class action filed in California federal court.

  • April 08, 2024

    Tesla Settles Autopilot Wrongful Death Suit On Eve Of Trial

    On the day a closely watched trial was set to get underway in California, Tesla Inc. revealed it reached a confidential settlement with the family of an Apple engineer who died in a 2018 crash of a Tesla vehicle engaged in Autopilot, the company said in a California Superior Court filing on Monday, asking the judge to seal the figure.

  • April 08, 2024

    Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit

    An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.

  • April 08, 2024

    Royal Caribbean Settles Passenger's Suit Over Wife's Death

    Royal Caribbean Cruises Ltd. and the husband of a passenger who died of congestive heart failure while on a Mediterranean cruise opted Friday to settle their dispute over whether the cruise company had provided adequate medical care, avoiding a trial set to start Monday.

  • April 08, 2024

    Taxi Hailing Cos. Settle Hidden Fees RICO Claims

    Three taxi hailing companies have settled a proposed class action accusing them of conspiring to hit users who call for cabs using their tech products with hidden fees, according to a new order from the Eastern District of Pennsylvania dismissing the suit.

Expert Analysis

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New La. Gas Pipeline Projects Must Respect Rules And Rights

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    As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • Aviation Back On Course, But Keep Seat Belts Fastened

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    While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

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    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • Legal Issues Loom For Driverless Trucking

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    Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.

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