Transportation

  • November 19, 2024

    EEOC Says SkyWest Left Harassment Questions 'Unasked'

    The Equal Employment Opportunity Commission told jurors Tuesday to "look at the questions" SkyWest Airlines didn't ask when an employee told the company she was experiencing persistent sexual harassment and that the company should've responded sooner.

  • November 19, 2024

    CSX Can't Escape FMLA Suit Over Attendance Policies

    CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.

  • November 19, 2024

    NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say

    Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.

  • November 19, 2024

    NJ Man Can't Revive Autozone Slip And Fall Injury Suit

    A New Jersey appeals panel on Tuesday refused to reinstate a man's slip and fall case against Autozone Inc., saying he presented no evidence that the shop was or should have been aware that the floor was wet before he fell.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    DOD Not Obligated To Suggest Tweaked Pricing On $2.3B Deal

    The U.S. Government Accountability Office has thrown out Maersk's protest over the shipping giant's rejection from a $2.3 billion contract for military freight transportation services, saying U.S. Transportation Command wasn't obligated to tell it its pricing was too high.

  • November 19, 2024

    SF Urges Calif. Panel To Rethink Waymo City Approval

    The city and county of San Francisco urged a California appellate court Tuesday to find the California Public Utilities Commission abused its discretion in allowing Waymo to operate self-driving vehicles on city streets without imposing requirements, arguing "there are no guardrails" even though the cars pose serious safety hazards.

  • November 19, 2024

    LA Waterkeeper Sues Union Pacific Over Pollution Controls

    The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.

  • November 19, 2024

    No Coverage Owed For 1977 Auto Crash, Mich. Panel Rules

    A man who was injured in a 1977 automobile accident cannot get no-fault injury benefits from an auto insurer decades later, a Michigan appeals court ruled, finding there's no evidence the insurer either issued benefits payments for the man or that a claim was ever filed for him.

  • November 19, 2024

    Utah Counties, Feds Ask Justices To Restore Rail Oil Project

    Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.

  • November 19, 2024

    Chicago Transit Authority Hit With Genetic Privacy Lawsuit

    The Chicago Transit Authority is facing a new lawsuit in Illinois state court that was brought by job applicants, who allege the agency's questions about family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.

  • November 19, 2024

    Litigation Funder Can't Arbitrate German Biz's Discovery Bid

    A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.

  • November 19, 2024

    Trump Names Wall St. Exec For Chief Commerce Role

    Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.

  • November 18, 2024

    Plaintiffs Dispute Ruling Applying BIPA Change To Past Cases

    Workers suing over the allegedly unlawful collection of their fingerprints are urging an Illinois federal court to reject a recent ruling that a legislative amendment limiting damages under the state's Biometric Information Privacy Act applies to previously filed disputes, arguing that several state courts have reached the opposite conclusion.

  • November 18, 2024

    5th Circ. Indicates DOT Airline Fees Rule May Need Reworking

    A pair of Fifth Circuit judges signaled Monday that the U.S. Department of Transportation may have to rework its rule requiring airlines to more clearly disclose add-on fees upfront, suggesting that it might be too costly for airlines to comply with the mandate and consumers would be overloaded with information.

  • November 18, 2024

    Trump Taps Fox Host Sean Duffy For Transportation Secretary

    President-elect Donald Trump announced Monday he will nominate former Wisconsin congressman and Fox Business host Sean Duffy to serve as head of the U.S. Department of Transportation. 

  • November 18, 2024

    Ex-AutoZone CEO Must Face $1M 'Short-Swing' Profit Suit

    A Tennessee federal judge said a former AutoZone Inc. CEO must face an investor suit seeking to recover over $1 million in alleged "short-swing" trading profits on behalf of the company, saying the shareholder has plausibly alleged that the ex-CEO's trades were not exempt from certain insider trading rules.

  • November 18, 2024

    AECOM Calls FCA Suit Alleging False Army Billing 'Meritless'

    AECOM has pushed to end a False Claims Act suit alleging that it falsely billed the U.S. Army on a $1.9 billion support deal, saying the whistleblower who filed the suit hadn't shown that his remaining allegations were material to the government.

  • November 18, 2024

    Enviros Sue Feds Over CSX Railroad Rebuild In River Gorge

    Environmental groups slammed three federal agencies for allowing CSX Transportation to conduct "unmitigated, extremely damaging railroad construction work" in Tennessee's Nolichucky River Gorge after Hurricane Helene caused catastrophic damage, in a complaint filed Monday in North Carolina federal court.

  • November 18, 2024

    Trump DOE Pick Signals Funding Flux For Clean Energy Cos.

    President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.

  • November 18, 2024

    Chancery Consolidates 2 Musk, Derivative Damage Suits

    Delaware's chancellor on Monday combined two class suits that separately targeted Elon Musk's massive sales of Tesla Inc. stock and alleged diversions of Tesla talent to Musk's spun-off artificial intelligence venture, while ordering coordination with a suit seeking damages arising from alleged insider trading in late 2022.

  • November 18, 2024

    Hyundai Keeps Trial Win In $17M Suit Over Fatal Crash

    A Kentucky appellate panel won't undo a defense verdict for Hyundai Motor America Inc. in a $17 million suit by a family who alleged a manufacturing defect led to three deaths in a head-on collision, rejecting arguments that evidence was improperly admitted in the case.

  • November 18, 2024

    5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases

    The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.

  • November 18, 2024

    EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.

  • November 18, 2024

    Alstom Wants Injunction In Dispute Over 'Buy America' Waiver

    Train manufacturer Alstom has urged a D.C. federal judge to block a pending federal disbursement for a $12 billion high-speed rail project, saying the payment could "irrevocably" allow the project to use trainsets that violate federal "Buy America" requirements.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • Careful Data Governance Is A Must Amid Enforcement Focus

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    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.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What Alternative Fuel Proposals Mean For EU Infrastructure

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    The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.

  • What 4 Cyber Protection Actions Mean For Marine Transport

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    Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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