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Transportation
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July 30, 2024
Meta, TikTok Challenge 'Subway Surfing' Death Claims
TikTok and Meta Platforms have asked a New York court to separate claims against them in a suit over the death of a teen who allegedly took part in a "subway surfing" social media challenge, saying the claims against them are totally different from claims against a state transportation agency.
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
Colo. Justices Step Into Boulder Climate Change Case
The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.
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July 30, 2024
NYC Loses Injunction Bid In Texas Migrant Busing Suit
A New York state judge has denied New York City's bid to bar charter bus companies from transporting migrants from Texas, saying the state law the city leaned on is "essentially identical" to one the U.S. Supreme Court struck down in 1941.
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July 30, 2024
High Court Ruling Dooms EPA Smog Plan, DC Circ. Told
The U.S. Supreme Court's recent decision to halt the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions across several states is reason enough for the D.C. Circuit to invalidate the rule, several states, industry groups and energy companies argued.
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July 30, 2024
Feds Must Face Atlanta Airport Shooter Suit, Judge Says
A Georgia federal judge said Tuesday that the federal government must face an Iowa woman's suit over injuries she allegedly sustained during an active shooter situation at Atlanta's international airport and gave the woman 21 days to file an amended complaint that could save her negligence claim against the city.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
DC Circ. Wants Chevron Ruling Addressed In GHG Case
The D.C. Circuit asked challengers of the U.S. Environmental Protection Agency's tighter greenhouse gas emissions standards for vehicles to discuss how the litigation is affected by recent court decisions, including the U.S. Supreme Court's blockbuster ruling that undid what is known as Chevron deference.
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July 30, 2024
Tech IP Co. Drops Patent Row With Ford Over 3D Glasses
The holder of patents for 3D movie glasses has dropped a Michigan federal court lawsuit claiming Ford Motor Co. incorporated its patented image-viewing technology into backup cameras.
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July 30, 2024
Quinn Emanuel Must Prove Authority In $486M Award Fight
A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.
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July 29, 2024
5th Circ. Pauses DOT's New 'Junk Fees' Rule Amid Review
The Fifth Circuit on Monday agreed to temporarily block a U.S. Department of Transportation rule requiring airlines to clearly disclose add-on fees upfront while the appellate court reviews the rule, which has been challenged by major airlines and airline associations.
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July 29, 2024
Split 11th Circ. Won't Revive Class Action Over USCIS Denials
A split Eleventh Circuit panel on Monday backed the dismissal of claims from five immigrants given temporary protected status but later rejected for green cards, saying the court doesn't have jurisdiction to review U.S. Citizenship and Immigration Services matters due to a precedential 2021 U.S. Supreme Court decision.
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July 29, 2024
2nd Circ. Backs $44.6M For Feds In Deadly Navy Ship Crash
The Second Circuit has upheld a New York federal judge's decision ordering Energetic Tank Inc. to pay the federal government more than $44.5 million in damages and prejudgment interest for its oil tanker's role in a deadly August 2017 collision with a U.S. Navy destroyer in the Singapore Strait.
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July 29, 2024
9th Circ. Axes Limit On DOL Denying Calif. Agencies Grants
The U.S. Department of Labor can shut California transit agencies out of a federal grant because of a conflict between a state pension law and a federal transit law, with the Ninth Circuit lifting a ban Monday on the agency denying grant applications because of that conflict.
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July 29, 2024
Railroads Ask 11th Circ. To Void New Train Crew Size Rule
Rail giants have told the Eleventh Circuit that the Federal Railroad Administration overstepped with its new two-person train crew rule, saying rail labor costs would surge if "one of the most consequential rulemakings in the history of American railroading" were allowed to stand.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Feds Strike $7M Deal With Co. In Emissions-Cheating Suit
A North Carolina auto parts dealer will pay $7 million to end the federal government's lawsuit alleging the company sold parts that bypassed vehicles' emissions controls, according to a court filing on Monday.
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July 29, 2024
Skadden-Led Driverless Tech Startup WeRide Seeks US IPO
Autonomous driving technology developer WeRide Inc. has filed U.S. initial public offering plans, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP, potentially marking a rare U.S. listing from a Chinese company.
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July 29, 2024
Magistrate Eyes Cuts To Norfolk Southern Investors' Suit
A New York federal magistrate judge has recommended tossing a portion of a securities suit filed against Norfolk Southern Corp. in the wake of the East Palestine, Ohio, train derailment, reasoning that the retirement funds serving as lead plaintiffs fell short of pleading standards.
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July 29, 2024
Ga. Auto Salvage Chain Hit With Suit Over Harassing Texts
Pull-A-Part LLC on Friday was slapped with a proposed class action in Georgia federal court that accuses the Atlanta-based junkyard and auto salvage chain of sending unsolicited promotional text messages to consumers even after they asked to stop receiving them in violation of the Telephone Consumer Protection Act.
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July 29, 2024
Converge And Magellan Settle Antitrust Suit Ahead Of Trial
Houston-based Converge Midstream LP and two Magellan companies have reached a settlement in their 2022 antitrust dispute over their participation in the Houston crude oil market, sources confirmed Monday.
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July 29, 2024
Insurer Must Cover Driver's PIP Claim, Split Mich. Panel Says
An auto insurer must provide personal injury protection benefits to a policyholder's son who was injured in an out-of-state tractor-trailer crash, a split Michigan state appeals court ruled, finding that the man was not an owner or registrant of the tractor for purposes of the state's no-fault law.
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
NC Attys Dismissed From Malpractice Suit Over Missed Filing
A pair of North Carolina-based attorneys involved in a legal malpractice suit filed by the parents of two children who died in a car fire were voluntarily dismissed from the family's suit against their former firm.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Challenges Remain In Financing Energy Transition Minerals
COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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Aviation Watch: 737 Max Blowout Raises Major Safety Issues
The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.