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Transportation
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February 18, 2025
Limited FERC Pipeline Review Makes No Sense, DC Circ. Told
The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.
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February 18, 2025
EPA Gives Congress A Chance To Sink Calif. Auto Waivers
The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.
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February 18, 2025
Exxon, Koch Lose Bid To End Minn. Climate Change Suit
A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Transportation Group Of The Year: O'Melveny
O'Melveny & Myers LLP helped Alaska Airlines obtain regulatory approval for its $1.9 billion merger with Hawaiian Airlines, securing not only a rare consolidation in the aviation industry but also landing the firm a spot among the 2024 Law360 Transportation Groups of the Year.
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February 18, 2025
3 Firms Build $1.34B New England Car Dealership Sale
Asbury Automotive Group Inc. on Tuesday unveiled plans to acquire various automotive dealerships from The Herb Chambers Cos. in a $1.34 billion deal built by three law firms.
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February 18, 2025
Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform
A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say
The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
NTSB Probes Faulty Helicopter Data In DC Collision
The National Transportation Safety Board said that the U.S. Army Black Hawk helicopter involved in last month's deadly midair collision over the Potomac River may not have heard crucial instructions from air traffic controllers and may have been getting inaccurate readings from the cockpit's altimeters.
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February 14, 2025
Ford Hit With $2.5B Punitive Verdict In Truck Roof Deaths Suit
A Georgia federal jury hit Ford Motor Co. with a $2.5 billion punitive damages verdict a day after jurors found the automaker liable for the wrongful death of a couple who died in a rollover wreck of their Ford F-250 Super Duty pickup.
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February 14, 2025
Illinois Vs. The Internet: IP Suits Over Online Sales Stir Debate
Brands have unleashed a torrent of lawsuits across the U.S. that group dozens of online sellers into a single complaint for allegedly peddling counterfeit products, with Chicago emerging as the preferred venue for the litigation and inspiring a local federal judge to declare it has become "Illinois vs. The Internet."
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February 14, 2025
Mich. Panel Decides Where The Sidewalk Begins In Fall Suit
The city of Detroit must face a premises liability case from a resident who fell on a portion of crumbled curb, a Michigan state appeals court has said, finding the curb should be considered part of the sidewalk and therefore under the city's jurisdiction to maintain.
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February 14, 2025
Nonprofit Not Covered For Palestine Protest Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.
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February 14, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Spice Girls star Mel B's ex-husband bring a defamation claim against the publisher of The Sun, a hotel sue a former director convicted of embezzling its funds for breach of fiduciary duty, and comedian Russell Brand face a sexual abuse claim. Here, Law360 looks at these and other new claims in the U.K.
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February 13, 2025
Trump Picks Atty Who Worked At Apple To Head NHTSA
President Donald Trump has tapped Jonathan Morrison, an attorney with an automotive background who most recently worked at Apple Inc., to head the National Highway Traffic Safety Administration, according to a recent U.S. Senate filing.
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February 13, 2025
Bus Co. Sues NYC For 'Frivolous' Migrant Busing Suit
Roadrunner Charters told the Southern District of New York that New York City's complaint seeking $708 million from it and 16 other charter bus companies for transporting migrants from Texas to New York was "unprecedented and frivolous," and violated its constitutional rights.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Exec Cops To Conspiring To Overbill Gov't In Station Project
A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
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February 13, 2025
NY State Says Nothing New In Seneca Nation's Thruway Suit
The state of New York is asking a federal district court to dismiss a challenge by the Seneca Nation over a portion of thruway that runs through its reservation, arguing that nothing could have possibly changed in the 14-year dispute over the validity of a 1954 easement.
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February 13, 2025
Spirit Airlines Ch. 11 Plan Releases Need More Consideration
A New York bankruptcy judge said Thursday the Chapter 11 plan of budget air carrier Spirit Airlines met the conditions for approval, but also told the parties he needed more time to consider the third-party releases proposed in the plan and whether they were consensual.
Expert Analysis
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.