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Transportation
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October 04, 2024
Justices Won't Block EPA Methane Control Rule
The U.S. Supreme Court on Friday rejected pleas by Republican-led states and fossil fuel industry groups to block implementation of an Environmental Protection Agency rule strengthening methane emissions control requirements for oil and gas infrastructure.
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October 03, 2024
Masseuse's Claim Must Be Arbitrated, Cruise Line Says
Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.
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October 03, 2024
Drivers Rip GM's Bid For Full 6th Circ. Redo In Emissions Row
A group of drivers on Thursday balked at General Motors' bid to get the full Sixth Circuit to review a divided panel's recent decision partly reviving consolidated litigation alleging the automaker deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Fired Tech Subcontractor Seeks $1.3M Over Caltrans Project
A Connecticut-based transportation data company should be forced to pay nearly $1.3 million for canceling a software development deal with a subcontractor hired to perform information technology work on a California Department of Transportation project, according to a Connecticut federal court lawsuit filed Thursday.
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October 03, 2024
East Coast Ports Strike Suspended Under Tentative Wage Deal
After a three-day strike, tens of thousands of dockworkers on the East and Gulf coasts will head back to work because International Longshoremen's Association union leaders reached a tentative wage agreement late Thursday with the group that represents container carriers, marine terminal operators and port employers.
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October 03, 2024
Energy Dept. Hands Out $1B Loan For EV Charging Expansion
The U.S. Department of Energy announced on Thursday that it has made a conditional commitment for a loan guarantee of up to $1.05 billion aimed at expanding public electric vehicle charging infrastructure across the country.
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October 03, 2024
Brookfield Sued Over LA Subway Terminal Building Damage
The owner of the subterranean floors of Los Angeles' old Subway Terminal Building has filed suit against Brookfield Properties Multifamily LLC and the affiliated owner of aboveground luxury units, arguing the pair must pay for water damage in the basement.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
Fla. Judge Tosses Jet Co.'s Defamation Suit Against Reporter
A Florida federal judge Thursday tossed a private jet company's defamation suit against a journalist who reported a story about its alleged ties to the Russian mafia, after an amended complaint wasn't filed within the timeframe required by the court.
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October 03, 2024
Swiss Man Should Fight Sanctions Case In DC, Judge Says
A D.C. federal judge said a Swiss man accused of skirting sanctions in connection with a 255-foot luxury yacht owned by Russian tycoon Viktor Vekselberg should be required to come to Washington, D.C., to fight the charges.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
American Airlines Uses Outdated Mortality Data, Retiree Says
American Airlines used decades-old mortality data and interest rates to calculate retirees' pension payments, collectively costing them millions of dollars in retirement benefits, a former employee has told an Illinois federal court.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
Hyundai, Kia Drivers' $145M Car-Theft Deal Wins Final OK
A California federal judge has signed off on a $145 million settlement that closes out consolidated consumer claims alleging Hyundai and Kia knowingly sold defective vehicles with design flaws that spawned a car-theft crime wave following a viral TikTok trend that popularized tips for breaking into their cars.
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October 02, 2024
Tribal Members Ask Montana Court For Satellite Voting Offices
Six members of the Fort Peck Assiniboine and Sioux tribes are asking a Montana state court for an order that would require two counties to set up satellite voting offices on their reservation lands, arguing that without those offices, it will be nearly impossible for Native Americans to cast ballots.
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October 02, 2024
14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule
A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
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October 02, 2024
GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim
General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.
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October 02, 2024
Auto Biz Must Hand Emails Over To EEOC In Harassment Case
A Michigan federal magistrate judge has ordered an automotive services company to turn over certain emails sought by the U.S. Equal Employment Opportunity Commission in a sexual harassment suit, saying only portions can be redacted due to attorney-client privilege.
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October 02, 2024
Tesla Sued By Driver Shocked At NJ Charging Station
A Garden State woman alleged that a design defect in the Tesla Supercharger caused her to be shocked while attempting to unplug her Tesla from a charging station at a southern New Jersey shopping center, according to a suit filed in New Jersey state court.
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October 02, 2024
Auto Parts Co. Tells 6th Circ. NLRB Judge Is 'Unaccountable'
An auto parts manufacturer urged the Sixth Circuit to halt National Labor Relations Board proceedings against the company before an "unaccountable" agency judge, arguing the employer would face harm because the administrative judge is unconstitutionally shielded from removal by the president.
Expert Analysis
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Rise Of Transpo Contractors Brings Insurance Disputes
As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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New Employer Liability Risks In Old Ill. Genetic Privacy Law
Illinois’ Genetic Information Privacy Act has been litigated very sparsely, but two recent federal court decisions — Taylor v. Union Pacific and McKnight v. United Airlines — holding that preemployment family medical history questions violated the 1998 law may encourage more lawsuits, say Peter Berk and Madison Shepley at Clark Hill.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.