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May 17, 2024
Texas Justices Side With Car Dealership In Lease Dispute
The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.
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May 17, 2024
NJ Atty Escapes Malpractice Suit Over UPS Bias Suit
A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.
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May 17, 2024
Mercedes Workers Reject UAW In Blow To Organizing Drive
Workers at Mercedes-Benz manufacturing facilities outside Tuscaloosa, Alabama, have voted against representation by the United Auto Workers, an early setback for the union as it seeks to organize nonunion automakers in the United States.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 16, 2024
DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost
The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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May 16, 2024
Judge Irked By 'Smart' Attys And 'Silly' Doc Retention Policies
The chief judge of the U.S. Court of International Trade scolded Chinese tire companies on Thursday for complaining about having to provide information the federal government requested to reassess antidumping duties after the companies won an order for that reassessment.
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May 16, 2024
Disinfectant Maker To Pay $1.2M To Exit Abandoned-Product Suit
The peddler of a disinfectant that stands accused of working with Walmart to abandon millions of units of product made from unregistered chemicals, which is illegal to sell and difficult to dispose of, on two unwitting warehouse companies has reached a settlement to end a $30 million lawsuit.
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May 16, 2024
Flight Attendant Fights United's Bid To Exit Disability Bias Suit
A former United Airlines flight attendant fought against the airline's bid to end her suit accusing it of firing her for not recovering from COVID-19 fast enough, arguing that the reason given for her termination — that she misused an employee travel benefit to travel to Florida while on sick leave — is not a legitimate ground to fire her.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
GM, LG Ink $150M Deal To End Chevy Bolt Battery Defect Suit
A proposed class of Chevrolet Bolt owners asked a Michigan federal court on Thursday to give the go-ahead for a $150 million deal to end claims against General Motors LLC and LG units over alleged battery defects they say make the cars prone to overheating and fires.
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May 16, 2024
Nantucket Accused Of Biased Car-Rental Licensing
A Nantucket couple has sued the island town's government in Massachusetts federal court, alleging it enforced an illegal and racially biased bylaw enacted 27 years ago to shut down their car rental business.
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May 16, 2024
Windels Marx Accused Of Double-Dealing In NYC Taxi Deal
Windels Marx Lane & Mittendorf LLP was sued in Minnesota federal court Thursday over claims that, while representing both the buyer and the seller in a transaction of New York City taxi medallions, it repeatedly lied to the seller and helped the buyer evade paying $390,000 it owed.
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May 16, 2024
Delta, Flight Attendants Ink $16M Deal To End Wage Suit
Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.
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May 16, 2024
Justices Say Courts Must Stay Suits Sent To Arbitration
The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.
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May 16, 2024
Treasury Provides Extra Relief For Bonus Energy Tax Credits
The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.
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May 15, 2024
Iridium Partner Gets Novel FAA Waiver For Beyond-Sight Use
In what satellite phone company Iridium Communications is calling a "watershed moment," the Federal Aviation Administration is allowing one of its partner companies to begin beyond visual line of sight operations, Iridium said Wednesday.
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May 15, 2024
Daimler Settles Worker's Suit Claiming Pot Test Got Him Fired
Daimler Truck North America LLC has settled an employee's New Jersey federal court suit claiming he was illegally fired over a positive cannabis test following an accident in a company vehicle, even though he wasn't found at fault for the incident, according to a Wednesday court filing.
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May 15, 2024
Scott + Scott, Schall To Rep Investors Against Bike Parts Co.
Scott + Scott Attorneys At Law LLP and the Schall Law Firm will represent a proposed class of investors in Georgia bicycle parts maker Fox Factory Holding Corp. in a suit alleging the company hurt investors by concealing slumping sales and demand.
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May 15, 2024
Auto Max Must Face Suit Over Transport Driver Injury
A Pennsylvania federal judge on Wednesday said a vehicle transporter's claims that he was injured because Auto Max Corp. failed to tell him that a truck he was moving was inoperable should go to a jury.
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May 15, 2024
Tesla Must Face Trimmed 'Full Self-Driving' False Ad Suit
Tesla can escape warranty claims in an amended proposed class action alleging the electric automotive giant deceived drivers into falsely believing that its cars can fully pilot themselves, a California federal judge ruled Wednesday, but it must face fraud- and negligence-based claims related to representations made about the vehicles' hardware.
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May 15, 2024
House Panel Weighs Baltimore Bridge Rebuilding Costs
Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
Moving Coalition Urges GAO To Probe $20B DOD Moving Deal
Over 250 moving industry members are urging the U.S. Government Accountability Office to investigate a multibillion-dollar contract having a single company manage moving services for the U.S. Department of Defense, saying the deal might not be as achievable as hoped.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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2nd Circ. Ruling Clarifies Title VII Claim Standards
The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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3 Personal Jurisdiction Questions Mallory Leaves Unanswered
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.
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9th Circ. Ruling Expands The Horizons Of Debt Discharge
The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in RS Air v. NetJets demonstrates that creditors should not be quick to conclude that their recoveries are limited if a debtor commences bankruptcy and receives a discharge, and should instead consider other potential paths for recovery, like alter ego claims, say Dania Slim and Claire Wu at Pillsbury.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.