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Transportation
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August 14, 2024
Insurer Fights $29M Judgment Over Fatal Crash Coverage
An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.
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August 14, 2024
Boeing Scraps Electric Jet Co.'s $72M Trade Secrets Trial Win
A Washington federal judge on Wednesday canceled a $72 million jury award against The Boeing Co. for misappropriating electric jet startup Zunum Aero Inc.'s trade secrets, finding Zunum offered "only vague and amorphous descriptions" of the trade secrets at trial.
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August 14, 2024
Fuel Co. Can't Halt Fund's Contributions Dispute, Judge Says
An airplane fueling services company can't escape claims from a Teamsters benefit plan seeking more than $150,000 in unpaid contributions and other costs, a New York federal judge ruled, finding ambiguities with provisions in an agreement about contribution obligations preclude dismissal.
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August 14, 2024
Michigan's Airport PFAS Pollution Suit Escapes Foam MDL
A Michigan federal judge has agreed to disentangle state regulators' PFAS pollution claims against an airport from claims against manufacturers of the chemicals, a move that prevents the state's case from being absorbed into multidistrict litigation over firefighting foam.
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August 14, 2024
NC DOT Looks To Ditch Race Bias Suit Over $17.8M Megasite
The North Carolina Department of Transportation wants an early exit from a subcontractor's suit claiming that its Black employees were met with racial discrimination on a large development site, saying the subcontractor's real beef is with the main contractor on the project.
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August 14, 2024
Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.
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August 14, 2024
The Biggest Enviro Decisions Of 2024: Midyear Report
2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.
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August 14, 2024
Rising Star: Norton Rose's Utsav Mathur
Norton Rose Fulbright's Utsav Mathur represented energy companies in their challenge of the financing structure for a billion-dollar infrastructure project that ultimately made it to the U.S. Supreme Court, earning him a spot as one of the transportation law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
Ex-GM Worker Gets 2 Years For Seeking Bribe In $100M Deal
A former General Motors Co. commodity manager was sentenced to two years behind bars Tuesday for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract, the U.S. Department of Justice said.
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August 13, 2024
Musk Can't Ax Fraud Suit Over Twitter Buy, Investors Say
A pension fund has fired back at Elon Musk's bid to dismiss the rest of its amended proposed securities fraud class action in New York federal court that alleges the X Corp. CEO covertly bought more than 5% of Twitter's stocks to save more than $143 million before announcing his intent to buy the social media platform.
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August 13, 2024
Texas AG Targets General Motors Over Unlawful Data Sales
Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.
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August 13, 2024
Tesla, Stockholder Feud In Del. Over Texas Move's Validity
Tesla inc. has fired a Delaware Court of Chancery broadside at a stockholder claim that the company failed to collect a required two-thirds majority vote to convert from a Delaware to a Texas-chartered company, saying the supermajority applies to charter changes rather than Tesla's corporate "redomestication."
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August 13, 2024
Air Taxi Co. Investor Ends Suit After Exec Indemnity Vote Fails
A stockholder suit against electric air taxi developer Archer Aviation Inc. has been declared moot after the company acknowledged it didn't have enough shareholder votes in favor of a measure that would indemnify its executives.
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August 13, 2024
Yellow Takes Teamsters' Win Over Restructuring To 10th Circ.
Yellow Corp. has asked the Tenth Circuit to revive its $137 million lawsuit accusing the Teamsters of driving the logistics firm into bankruptcy by fighting a necessary corporate restructuring, according to an appeals notice.
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August 13, 2024
Youth Plead To Save Constitutional Climate Lawsuit
Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.
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August 13, 2024
NJ Shipyard Beats Suit Over Worker's Death On Navy Ship
A shipyard in Upper New York Bay can't be held liable for a fatal fall a laborer suffered while working on a U.S. Navy vessel, a New Jersey state appeals court ruled Tuesday, saying it wasn't responsible for providing safety gear.
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August 13, 2024
Riders Renew Bid To Sue Segway Over Pa. Scooter Injuries
Two riders who were injured and the estate of a rider who was killed while using the now-defunct Spin electric scooter service in Pittsburgh have renewed their request to split their lawsuit against the city and Spin's bankrupt parent company so they can move ahead with claims against scooter maker Segway and the service's nonprofit partners.
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August 13, 2024
Flyers Denied Standing To Stop Alaska-Hawaiian Airlines Deal
A Hawaii federal judge has tossed an antitrust lawsuit seeking to block Alaska Airlines' proposed merger with Hawaiian Airlines, saying a group of airline passengers and travel agents spearheading the lawsuit haven't alleged any concrete harm from the would-be merger.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
Shipping Co.'s Cleaning Services Taxable, Wash. Court Affirms
A Washington state court properly denied a shipping company's request for a refund of sales tax paid on cleaning services for its shipping containers because the containers weren't integral to the ships' use, a state appellate court affirmed.
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August 13, 2024
United Customer's Greenwashing Suit Preempted, Judge Says
A Maryland federal judge ruled Tuesday that federal law preempts a proposed class action alleging United Airlines misled customers by deceptively marketing its use of sustainable aviation fuels and its efforts to be green and carbon-neutral.
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August 13, 2024
Ga. Waste Firms, EEOC Settle Gender Bias Suit
Four waste removal companies in Georgia are working to finalize a consent decree to end a suit by the Equal Employment Opportunity Commission claiming they subjected female truck driver applicants to sexist interview questions before filling roles with less qualified men, court records show.
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August 13, 2024
Trump Remarks During Talk With Musk Were Illegal, UAW Says
Statements former President Donald Trump made during a conversation Monday night with Tesla CEO Elon Musk about workers who go on strike violated federal labor law, according to charges the United Auto Workers filed Tuesday, which also accused Trump of unlawfully suggesting he would fire employees for striking.
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August 13, 2024
Rising Star: Hogan Lovells' Matthew Clark
Hogan Lovells' Matthew Clark is helping to chart new regulatory pathways for commercially deploying unmanned aircraft systems in the U.S., earning him a spot among transportation law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
Insurer Owes $18M For Lost Wind Farm Deals, Suit Says
Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.