The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case

By Linda Chiem

The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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Ga. Judge Asks 'What's Tortious?' About Talking Bad Loans

By Chart Riggall

A Georgia federal judge appeared inclined Wednesday to hand an early win to a lender who seized two vintage cars from a reality TV personality after she missed her payments on a $300,000 loan, going so far as to suggest she might be better off finding an out-of-court solution to the dispute.

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No Coverage For Road Rage Shooting Dispute, Judge Says

By Hope Patti

The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."

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Va. Gov. Can't Exit Carbon Trading Program, Judge Says

By Madeline Lyskawa

Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.

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AVIATION

Delta Fired Worker For Reporting Race Bias, Suit Says

By Kelcey Caulder

Delta Air Lines Inc. was sued Tuesday in Georgia federal court by a former Black employee who said he was given a verbal warning and then fired for reporting racial discrimination he and other Black workers faced in the workplace.

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SkyWest Airlines Hit With $2M Verdict In EEOC Harassment Case

By Spencer Brewer

A Texas jury found in favor of the Equal Employment Opportunity Commission on Wednesday in a suit that saw SkyWest Airlines accused of sitting idle while an employee experienced persistent sexual harassment, awarding over $2 million in punitive damages for the workplace misconduct in federal court.

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AUTOMOTIVE

German Tesla Supplier Says Mich. Is Wrong Venue For Parts Suit

By Danielle Ferguson

A German auto parts supplier referenced Elon Musk's diverse business ventures in an attempt to convince a Michigan federal judge Wednesday that it doesn't belong in a lawsuit over one of its North American affiliates' alleged breach of a supply contract for Tesla vehicles, arguing the foreign entity has no ties to the Wolverine State.

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Uber, Lyft, Chicago Ignored Due Process, Banned Driver Says

By Gina Kim

A former Uber and Lyft driver has sued the platforms in Illinois federal court for deactivating her accounts over false claims she spit on a passenger, and she also sued the city of Chicago over its ordinance allowing rideshare platforms to ban drivers without notice or an opportunity to defend themselves.

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Cross-Border Sales Were Unlawful Monopoly, Feds Say

By Elliot Weld

Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.

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TRUCKING

Yacht Owner Seeks Trial In Highway Damage Case

By George Woolston

Yacht owner Max Zach Corp. urged a Connecticut federal court to reject bids from a North Carolina boat repair shop and a trucking company to toss its suit seeking damages after a New Jersey highway crash destroyed its $750,000 vessel, arguing a jury must sort out fact questions about the ultimate value of its modified boat and other questions about storage costs.

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INSURANCE

NJ Power Broker, Attys Demand Wiretap Docs In RICO Case

By Jake Maher

George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.

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ENERGY

FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

By Madeline Lyskawa

The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

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EXPERT ANALYSIS

Expect Surging Oil And Gas Industry Under New Trump Admin

Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

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Opinion

The Right Kind Of Deregulation In Commercial Airline Industry

Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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COMPANIES IN TODAY'S NEWS

American International Group Inc.

Boston University

Canal Insurance Co.

Chevron Corp.

ConocoPhillips Co.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Cummins Inc.

Danner Inc.

Delta Air Lines Inc.

Diamondback Energy Inc.

Exxon Mobil Corp.

FCA US LLC

Ford Motor Co.

Hess Corp.

JetBlue Airways Corp.

Kinder Morgan Inc.

Kiteworks USA LLC

LinkedIn Corp.

Marathon Oil Corp.

Mersino Dewatering Inc.

Nationwide Mutual Insurance Co.

New York University

PG&E Corp.

Pioneer Natural Resources Co.

Planned Parenthood Federation

Princeton University

Robert Bosch GmbH

Roivant Sciences Ltd.

Sierra Club

SkyWest Inc.

Southern Environmental Law Center

Space Exploration Technologies Corp.

Spirit Airlines Inc.

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

Uber Technologies Inc.

Wells Fargo & Co.

LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

Armstrong Law Firm PA

Bracewell LLP

Brown & Connery

Butzel Long

Carella Byrne

Chiesa Shahinian

Cleary Gottlieb

Cravath Swaine

Duncan & Allen

Fisher & Phillips

Fishman Decea

Foley & Lardner

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hagens Berman

Heygood Orr

Jenkins Fenstermaker

Jenner & Block

Jones Day

Kilpatrick Townsend

Kirkland & Ellis

Latham & Watkins

McDermott Will & Emery

McGivney Kluger

Milbank LLP

Miller Canfield

Moore & Van Allen

Moore Ingram

NechelesLaw

Parker McCay

Paul Hastings

Paul Weiss

Preti Flaherty

Rozen & Rozen

Schaffer Kennedy

Seeger Weiss

Sidley Austin

Stranch Jennings

The Kirby G. Smith Law Firm

The Miller Law Firm PC (Rochester, MI)

Van Ness Feldman

Venable LLP

Warner Norcross

Weil Gotshal

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Economic Analysis

Bureau of Labor Statistics

Bureau of Land Management

Bureau of Ocean Energy Management

Council on Environmental Quality

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Judicial Center

Federal Reserve System

Federal Trade Commission

Florida Supreme Court

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New Jersey Attorney General's Office

New York County District Attorney's Office

New York Supreme Court, New York County

Patent Trial and Appeal Board

Tennessee Valley Authority

U.S. Attorney's Office for the Central District of California

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

U.S. Attorney's Office for the Southern District of Texas

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. Department of Transportation

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

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

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

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

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

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

U.S. District Court for the Southern District of West Virginia

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington

Virginia Department of Environmental Quality