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Transportation
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June 25, 2024
United Strikes Deal To Exit Bias Suit Over Mask Policy
United Airlines told a California federal court it reached a deal with a baggage handler to end his lawsuit after the Ninth Circuit determined a jury should hear his claims that the company unlawfully refused to let him wear a face shield in lieu of a mask during the COVID-19 pandemic.
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June 25, 2024
Schouest Bamdas Opens Dallas Office With 6-Partner Hire
Schouest Bamdas Soshea BenMaier & Eastham PLLC has expanded its footprint in Texas by launching a new office in Dallas with six new partners from Hartline Barger LLP, it said in an official announcement Tuesday.
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June 25, 2024
CEO Claims She Was Pushed Out, Told To Focus On Family
The former chief executive officer of a petroleum distributor said in a complaint filed Monday that she was forced out of her position and replaced by a man after her mother, the board chair, told her to focus on spending time with her family.
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June 25, 2024
UK Billionaire's Pilot Avoids Prison For Insider Trading
A Manhattan federal judge sentenced a former private jet pilot to house arrest Tuesday for insider trading on stock tips from his billionaire boss Joe Lewis, finding that a prison term would be unfair in comparison to Lewis' non-incarceratory sentence.
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June 25, 2024
Advance Auto Parts Hit With 4 Data Breach Suits
Advance Auto Parts Inc. has been hit with four proposed class action complaints over a recent data breach that one suit says exposed more than 1 million people's private information, some of which has purportedly already gone up for sale on the dark web.
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June 25, 2024
Conn. Atty Agrees To 10-Day Suspension For Unexplained Fee
A Connecticut attorney accused of charging an unreasonable fee and failing to communicate with a former client following an underlying vehicle buyback negotiation has agreed to a 10-day suspension and three hours of legal ethics-focused continuing education courses.
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June 24, 2024
Tesla Class Attys In Del. Blast Musk's Texas Pay-Salvage Plan
Tesla stockholder attorneys who won a Delaware Court of Chancery order voiding Elon Musk's then-$56 billion compensation package in January have asked the court to reject company claims that recent stockholder approval of the same Musk pay plan after Tesla's reincorporation in Texas "has controlling and preclusive effect."
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June 24, 2024
GM Financial Pulls FDIC Industrial Bank Application, For Now
General Motors' financing arm said Monday that it has withdrawn its long-gestating bid for Federal Deposit Insurance Corp. approval to open an insured industrial bank, tabling its plans just days after the agency signed off on another such application for the first time in years.
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June 24, 2024
K-Pop Stars Cited As Judge Awards $171M In Rail Fraud Fight
A Pennsylvania federal judge has awarded over $171 million to Eddystone Rail after finding Bridger Logistics affiliates liable for fraudulent asset transfers under a rail services agreement, citing the South Korean boy band BTS in his decision writing the defendants made 'Bad Decisions" and it's time they "Make It Right."
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June 24, 2024
Toyota Accused Of Misleading Investors Over Emission Tests
Toyota and its top brass misled investors by understating in U.S. Securities and Exchange Commission filings its role in falsifying emissions and fuel-economy data, which led to a drop in stock price when the truth came out, according to a proposed class action filed Monday in California federal court.
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June 24, 2024
Judge Recommends Tossing VW Supplier's Antitrust Case
A magistrate judge has recommended that a Texas federal court toss a suit accusing Volkswagen of maintaining an illegal stranglehold over its suppliers after the Fifth Circuit told the court to consider if the dispute should be litigated in Germany instead of the U.S.
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June 24, 2024
Boeing Says Turbulent Securities Suit Should Be Dismissed
Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.
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June 24, 2024
Feds Reach $34M Deal Over Canceled Deportation Flights
The U.S. Department of Homeland Security, U.S. General Services Administration and an aviation company have struck a $34.4 million settlement ending litigation over canceled deportation flights, according to a filing at the U.S. Civilian Board of Contract Appeals.
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June 24, 2024
8th Circ. Sides With Minn. DOT In Injured Worker's ADA Suit
The Eighth Circuit on Monday backed the Minnesota Department of Transportation in a suit by a former mechanic who alleged the agency discriminated against him after an on-the-job injury, finding MNDOT reasonably showed that he could not do the work of his prior position.
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June 24, 2024
9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver
The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.
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June 24, 2024
Missed Forecasts 'Not Fraud,' Advance Auto Tells Investors
Advance Auto Parts Inc. and its top brass are looking to exit a proposed class action alleging they misled investors about the failure of a new pricing strategy and purposefully inflated the impact of price reductions, saying that missed forecasts and accounting errors "are not fraud."
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June 24, 2024
9th Circ. Won't Revive Ex-Uber Driver's Bias Suit
An Asian man who previously drove for Uber didn't provide enough information in his proposed class action to support his claim that the ride-hailing platform's use of customer ratings when making decisions to drop drivers had a "significant disparate impact" on non-white drivers, the Ninth Circuit said Monday.
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June 24, 2024
Auto Software Co. Facing Suit Over Ransomware Hack
CDK Global has been hit with a proposed privacy class action in Illinois federal court by a Florida resident who says the auto software company unlawfully failed to protect his and other individuals' personal information from being exposed in a ransomware attack the company detected last week.
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June 24, 2024
High Court Won't Take Up Michigan Tribal Tag Dispute
The U.S. Supreme Court on Monday declined to take up a petition by a Native American man seeking to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions stemming from a dispute over tribal-licensed tags.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms
The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.
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June 24, 2024
US DOT Final Rule Ups Freight Rail Hazmat Disclosures
Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.
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June 24, 2024
Defense Contractor Gresham Inks $83M SPAC Merger
Defense contractor Gresham Worldwide Inc. and special-purpose acquisition company Ault Disruptive Technologies Corp. agreed Monday to merge in a deal that values Gresham at $83 million and enlarges the company's profile, steered by two law firms.
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June 24, 2024
Shipping Co. Agrees To Pay $225K To Resolve 401(k) Fee Suit
A former worker at a shipping company has asked a North Carolina federal court to greenlight a $225,000 settlement that puts an end to her proposed class action accusing the company of saddling its retirement plan with excessive administrative fees and failing to remove its expensive recordkeeper.
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June 24, 2024
6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit
The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.
Expert Analysis
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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What A Louisiana Ruling Means For Pipeline Crossings
After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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Rebuttal
Time For Congress To Let Qualified Older Pilots Keep Flying
While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.