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July 11, 2024
Chancery Orders Invictus Fund Sides To Provide Case Update
Pointing to hints of clarity in a distressed credit and special-situations fund's murky, 9-month-old battle for documents and cash held by its general partner and investment manager, a Delaware vice chancellor on Thursday ordered the two sides to produce a case update by Tuesday.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Atty's Suit Against Aircraft Cos., Blank Rome Attys Survives
A federal judge ruled in favor of a lawyer who alleges that aircraft companies and attorneys with Blank Rome LLP brought a baseless lawsuit against her in retaliation for switching from corporate defense to the plaintiffs bar, denying a motion to dismiss and allowing her lawsuit to continue.
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July 11, 2024
Cruise Ship Co. Sanctioned With Fees In Sexual Assault Suit
Carnival Corp. will have to pay fees related to a discovery dispute stemming from a $10.2 million sexual assault personal injury lawsuit, a Florida federal judge has ruled in a sanctions order, finding that the cruise company must pay a portion of the legal bills of a female passenger after "clear" discovery violations occurred.
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July 11, 2024
Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail
A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.
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July 11, 2024
GM's $50M Faulty Fuel Pump Deal Gets Early OK
A Michigan federal judge on Thursday indicated he would give the initial approval to a $50 million settlement to end class claims that General Motors LLC sold trucks with faulty fuel pumps, clearing the way for GM to drop a Sixth Circuit appeal.
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July 11, 2024
Low-Speed EV Maker Sues Treasury Over Blocked Tax Credits
The U.S. Department of the Treasury violated the Administrative Procedure Act when it passed final regulations excluding low-speed vehicles from qualifying for clean vehicle tax credits, a maker of low-speed electric cars told a D.C. federal court.
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July 11, 2024
EPA Grants Petition On Plastic Container PFAS
The U.S. Environmental Protection Agency on Wednesday granted a petition asking it to address several so-called forever chemicals formed during the fluorination of plastic containers for a variety of household and industrial uses.
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July 11, 2024
Biden Floats $2B To Drive US Auto Industry's EV Pivot
The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.
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July 10, 2024
Drug Pricing, Overreach Dominate IP Disclaimer Feedback
The U.S. Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.
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July 10, 2024
Energy Cos., States Seek Review Of Calif. Emissions Decision
Industry groups and a coalition of states led by Ohio are asking the U.S. Supreme Court to review a D.C. Circuit ruling upholding the U.S. Environmental Protection Agency's approval of a waiver letting California set greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.
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July 10, 2024
Fla. Judge Will Issue Sanctions For Delay In Tesla Crash Suit
A Florida state judge said Wednesday he will issue sanctions over a failure by a biomechanics expert to timely produce data requested by Tesla in a suit over a Model S crash that killed two teenagers.
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July 10, 2024
Judge Chides Troopers' No-Show Atty At Sanctions Hearing
A Washington federal judge slapped a group of state troopers with sanctions Wednesday for defying a discovery order in their case against Ford Motor Co., while also calling out their attorney who failed to show up for the hearing despite the court's repeated prodding.
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July 10, 2024
Mont. High Court Weighs Youths' Right To Sue In Climate Case
The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.
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July 10, 2024
Uber Must Turn Over Data, Reports In Sex Assault MDL
A California federal judge has ordered Uber Technologies Inc. to turn over data it collected underpinning safety reports in multidistrict litigation over sexual assault of passengers, but said the ride-hailing company need not turn over information on safety incidents that did not involve sexual misconduct or assault.
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July 10, 2024
DOI Pledges $120M For Tribal Climate Resiliency Efforts
The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.
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July 09, 2024
Ex-SF Transit Worker Tearfully Tells Of Vax-Mandate Firing
A former San Francisco Bay Area train system police department member who claims the transit agency religiously discriminated with its COVID-19 vaccination mandate testified tearfully on Tuesday that he felt guilt and anxiety after losing his job, saying his family almost had to sell their home.
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July 09, 2024
BMW Driver Urges 9th Circ. To Restart Car-Tracking Fight
A BMW driver urged the Ninth Circuit Tuesday to revive a proposed class action alleging Otonomo surreptitiously tracks drivers' locations through electronic devices installed in their cars, arguing that the trial court erroneously interpreted the statute to wrongly conclude the devices aren't "attached" to vehicles as required by the law.
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July 09, 2024
Ford Must Face Class Claims Over Oil Pump Defect
Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.
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July 09, 2024
2 Cases In Visa, Mastercard MDL Ready For Trial, Judge Says
The New York federal judge handling multidistrict litigation over Visa and Mastercard merchant fees suggested on Monday separating from the MDL the lawsuits involving the Target and 7-Eleven plaintiffs, saying the cases are ready for trial and should be transferred to the Southern District of New York.
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July 09, 2024
6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight
The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.
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July 09, 2024
CBD Cos. Tell Justices RICO Can't Cover Personal Injury
A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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July 09, 2024
Fuel Groups Ask Justices To Revisit Calif. Clean Air Act Waiver
Fuel producers and industry groups called on the U.S. Supreme Court to review the D.C. Circuit's decision to uphold the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.
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July 09, 2024
'Stop Right There': Judge Slams King County Deportation Args
A Ninth Circuit panel on Tuesday criticized King County's argument that its executive order banning deportation flights from a Seattle airport did not force a fuel supplier to stop servicing the flights, with one judge calling it preposterous.
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July 09, 2024
Philly EB-5 Investors Can Seek Visa Outside Court, Panel Says
The D.C. Circuit on Tuesday found three Chinese EB-5 investors who sought to fast-track a visa by putting their money into a Philadelphia transit project can still do so without litigation in a decision backing a trial court ruling dismissing their case.
Expert Analysis
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Opinion
Aviation Watch: Not All Airline Mergers Hurt The Public
The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.