Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.
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WEDNESDAY, NOVEMBER 26, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

CSX Must Face Jury On Retaliation Claim, 2nd Circ. Says

By Aaron Keller

Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.

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Ex-Bank GC Faces Garnishments After $7M Restitution Order

By Aaron Keller

Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.

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2nd Circ. Backs Jury's $3.85M Verdict In Sex Trafficking Case

By Brian Steele

A New York jury had enough evidence to hold retired financier Howard Rubin liable for sex trafficking after six women testified that he lured them with promises of money, travel and modeling opportunities and then subjected them to violent, nonconsensual acts, the Second Circuit has ruled in upholding a $3.85 million civil verdict.

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POLICY & REGULATION

HUD Housing Aid Limits Will Drive Homelessness, States Say

By Rachel Riley

Washington and 19 other states launched a lawsuit Tuesday against the U.S. Department of Housing and Urban Development in Rhode Island federal court, seeking to stop abrupt policy changes they claim will result in tens of thousands of formerly homeless people being ousted from publicly subsidized housing and onto the streets.

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SECOND CIRCUIT

2nd Circ. Won't Revive NYC Income Source Ban Challenge

By Nate Beck

A Second Circuit panel has sided with the City of New York and a housing nonprofit in tossing arguments from a landlord that a law to prevent discrimination against the use of housing vouchers is unconstitutional.

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Split 2nd Circ. Faults Immigration Courts' Torture Review

By Tom Lotshaw

A split Second Circuit panel revived a Guatemalan man's bid for deportation relief under the United Nations Convention Against Torture, ruling immigration courts used the wrong standard to consider whether he would be tortured by gang members if returned there.

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BANKRUPTCY

Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit

By Emlyn Cameron

Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.

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EXPERT ANALYSIS

How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.

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Considerations When Invoking The Common-Interest Privilege

To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

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LEGAL INDUSTRY

Bonus Spotlight

Weil Matches Year-End And Special Bonuses For Associates

By Anna Sanders

Weil Gotshal & Manges LLP on Tuesday joined a cadre of other firms in matching the BigLaw standard for this year's associate bonuses.  

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Judges Decline Invites To Senate Hearing On Impeachment

By Courtney Bublé

Two federal judges, both of whom Republicans are looking to impeach, declined to testify before the U.S. Senate Judiciary Committee's hearing next week on the impeachment of "rogue" judges, a source familiar with the situation told Law360 on Tuesday.

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DOJ Official Sues Over Firing For Epstein Talk On Hinge 'Date'

By Alison Knezevich

A longtime official at the U.S. Department of Justice who was fired after he was secretly recorded discussing the Epstein files has sued the agency and U.S. Attorney General Pam Bondi in D.C. federal court.

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Democrats Seek Documents On Emil Bove's DOJ Tenure

By Courtney Bublé

Senate Democrats are turning to public records requests to learn more about the controversial tenure of U.S. Circuit Judge Emil Bove while he served at the U.S. Department of Justice, claiming that they're being "stonewalled" by the department.

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$255K In Fees To Google For 'Frivolous' Ramey Case Upheld

By Ryan Davis

The Federal Circuit on Tuesday affirmed a California judge's decision that a client of embattled intellectual property firm Ramey LLP must pay nearly $255,000 in fees and sanctions for bringing a "frivolous" patent suit against Google, finding the award to be "entirely proper."

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Fla. Law Student Expelled For Antisemitic Post To Be Reenrolled

By David Minsky

A Florida federal judge has ordered the reinstatement of a law school student who was expelled after he was investigated over antisemitic posts on social media, saying the university didn't prove his speech "constituted a true threat." 

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Texas Law Firm, Atty Reach Tentative Deal In Age Bias Suit

By Rose Krebs

An attorney who sued a Houston-based law firm alleging she was fired in retaliation for having complained about age discrimination has reached "a tentative agreement" to resolve the matter, according to a filing in Illinois federal court.

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Husch Blackwell Blasts Ex-Firm Atty's ERISA Suit

By James Boyle

A former Husch Blackwell LLP partner's claim that the firm violated federal law by withholding monthly retirement account contributions misidentified the funds in question as participant contributions, when they were, in fact, contributions from the firm's year-end profit-sharing program.

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LAW FIRMS IN TODAY'S NEWS

Baker & Hostetler

Bond Schoeneck

Cravath Swaine

DLA Piper

Darby Law Group LLC

Debevoise & Plimpton

Dechert LLP

Disparti Law Group

Gardner Firm PC

Holwell Shuster

Husch Blackwell

Jackson Lewis PC

Lankenau & Miller

Margolis Edelstein

Mark S. Zaid PC

McCarter & English

Milbank LLP

Nixon Peabody

Paul Weiss

Perkins Coie

Pollack Pollack

Ramey LLP

SBSB Eastham

Sabatini Law Firm PA

Sanford Heisler

Schaerr Jaffe

Skadden Arps

Weil Gotshal

White & Case

Wiggin & Dana

Yankwitt LLP

COMPANIES IN TODAY'S NEWS

Allianz SE

BNSF Railway Co.

BP PLC

CSX Corp.

Caterpillar Inc.

Corning Inc.

Dow Inc.

Fresh Del Monte Produce Inc.

Google LLC

Harvard University

Hudson Valley Holding Corp.

Metro-North Commuter Railroad Co.

Netflix Inc.

Nidec Corp.

Posigen LLC

Safe Horizon Inc.

Soros Fund Management LLC

Sterling Financial Corp.

The Legal Aid Society

UBS Group AG

Webster Financial Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Commodity Futures Trading Commission

Equal Employment Opportunity Commission

U.S. Attorney's Office for the District of Connecticut

U.S. Attorney's Office for the Eastern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Rhode Island

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. Senate

U.S. Supreme Court

United Nations

Washington Attorney General's Office