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Transportation
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September 18, 2024
VW Can't Nix $4.7M Mechanic's Brake Pad Asbestos Verdict
A Washington state appeals court has refused to throw out a $4.7 million verdict in favor of the estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads, rejecting the automaker's arguments that the evidence didn't support the verdict or that the jury instructions were wrong.
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September 18, 2024
Cleanup Worker Wants Full 5th Circ. To Review BP Spill Suit
A worker who alleges that he was exposed to toxic substances while cleaning up the Deepwater Horizon oil spill in 2010 is urging the full Fifth Circuit to review a decision to dismiss his case, saying the panel that upheld the dismissal misconstrued precedent in finding that he needed to show that the discovery he sought was enough to defeat summary judgment.
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September 18, 2024
Mexican Parts Maker Rehires Worker To End USMCA Probe
A Mexican parts manufacturer rehired a worker fired allegedly for conducting union activities and agreed to train its workforce on collective bargaining rights to end an investigation under the U.S.-Mexico-Canada Agreement into claims that the plant violated workers' organizing rights, the U.S. Trade Representative has announced.
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September 18, 2024
House Panel Easily Passes Mandate For AM Radio In Cars
Congress has inched closer to passing a mandate on the auto industry to keep putting AM radio devices in cars, with a key House committee overwhelmingly approving the bipartisan bill Wednesday and brushing past some lawmakers' concerns about over-regulation.
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September 18, 2024
DOJ Says Ship Is Liable For $100M In Baltimore Bridge Collapse
The U.S. Department of Justice is suing to recover $100 million from the owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March, alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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September 18, 2024
SF Says Oakland Airport Name Change Is 'Copycat Branding'
San Francisco officials are urging a California federal court to block Oakland's attempt to incorporate "San Francisco Bay" into its airport name, accusing Oakland of "adopting a copycat brand" to attract more travelers.
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September 18, 2024
Treasury Floats Tax Credit Regs For EV Charging Property
The U.S. Treasury Department proposed regulations Wednesday to define which electric vehicle charging ports, hydrogen fueling stations and other infrastructure that businesses, people and tax-exempt entities can build in underserved communities to qualify for a tax credit of up to 30% of installation costs.
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September 18, 2024
Chicago Slams Airline Group's Suit Against Sick Leave Law
Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.
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September 18, 2024
Car Dealership Strikes Deal To End EEOC Disability Bias Suit
A Maryland car dealership agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it demoted and ultimately fired an employee because she suffered a traumatic brain injury in a motorcycle crash, according to a federal court order.
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September 17, 2024
EV Maker Lucid Illegally Fired Union Backers, Judge Finds
An Arizona federal judge has granted a National Labor Relations Board official's petition for an injunction against electric vehicle manufacturer Lucid Motors, ordering the company to rehire two workers who were fired amid a United Auto Workers organizing campaign and to take other actions to remedy unfair labor practices.
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September 17, 2024
Wheel Pros Floats $30M Ch. 11 Sale Of Its 4WP Unit
Bankrupt automotive wheel company Wheel Pros LLC asked a Delaware bankruptcy court to bless a private $30 million sale of its recently acquired 4WP retail unit to a subsidiary of Australia's ARB Corp., a move that would bypass the usual Chapter 11 auction.
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September 17, 2024
Allstate Freed From Texas Auto Insurance Class Action
A Texas federal judge handed Allstate a win in a proposed class action over allegedly discriminatory auto insurance premium rates, adopting a magistrate judge's recommendations that the class not be certified and that the insurer be freed from the suit before trial.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
UAW Says Stellantis Reneging On Deal To Reopen Ill. Plant
Automaker Stellantis is failing to live up to a promise it made in its last contract with the United Auto Workers to reopen an idled plant in Illinois, the union said Monday.
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September 17, 2024
DOT Clears $1.9B Alaska-Hawaiian Airlines Combo For Takeoff
Alaska Airlines and Hawaiian Airlines intend to close their $1.9 billion merger within days as the U.S. Department of Transportation greenlit the deal Tuesday after convincing the companies to agree to conditions meant to protect travelers, rural communities and competition in the market.
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September 17, 2024
VivoPower Plots $1.13B Merger After Unit's SPAC Deal Closes
Sustainable energy solutions company VivoPower and hydrogen technology company FAST are mulling a combination valuing the pair at $1.13 billion, in a potential deal that would follow the departure of VivoPower's electric utility vehicle subsidiary through a special purpose acquisition company merger.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Travel Tech Co. Hotel Engine Books $2.1B Valuation
Hotel Engine announced Tuesday it landed a $2.1 billion valuation in series C financing led by Permira, as the Denver-based business travel technology company looks to expand beyond hotels into flight and rental car bookings.
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September 17, 2024
Iveco Poland, Truck Distributors Fined $62M For Collusion
A Polish antitrust authority has imposed a fine of 238 million Zloty ($62 million) on truck-maker Iveco Poland and 10 distributors of the vehicles for restricting competition for almost a decade by colluding to share the market between them.
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September 17, 2024
Drivers Claim Bolt App's 'Full Control' Makes Them Workers
Drivers for Bolt testified Tuesday that the "full control" exercised by the ride-hailing app over aspects of their job means that they should be classed as workers as they pursue a mass claim against the company at a London employment tribunal.
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September 17, 2024
Dutch Bike Maker Proves Rival's 'Fat Bike' Infringes Its Design
A bicycle company has persuaded a Dutch court to prevent its rival from selling its "fat bikes" in the European Union, proving that the wide-tired mount infringes its design rights over a similar bicycle.
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September 16, 2024
Icahn Enterprises Beats Investor Suit Over Dividend Program
Icahn Enterprises has beaten a proposed investor class action accusing it of propping up its stock price with unsustainably high dividends in order to support founder Carl Icahn's loans and financial interests, with a Florida federal judge saying the plaintiffs hadn't shown any misstatements the company made about the "true motivation" for its dividend program.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
Aviation Workers Say Volato Fired Workforce Without Notice
Former employees of aviation company Volato Inc. filed a proposed class action in Florida federal court alleging that 233 employees, nearly all the workers at a St. Augustine facility, were laid off without required advanced notice.
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September 16, 2024
Jet Fuel Tax Could Raise Almost £6B A Year, Report Says
HM Treasury could raise up to £5.9 billion ($7.8 billion) a year by imposing tax on jet fuel to match the duty paid by motorists, according to a think tank report published Monday.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Aviation Watch: Mostly Smooth Landing For New FAA Law
The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.