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November 14, 2024
EPA Expands List of Solvent Risks, Targets Tire Chem Rules
The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.
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November 14, 2024
NHTSA Fines Ford $165M, Second-Largest Civil Penalty
The National Highway Traffic Safety Administration on Thursday said it has issued Ford Motor Co. a fine of up to $165 million — the second-largest civil penalty in the agency's history — over the carmaker's failure to recall vehicles promptly.
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November 14, 2024
9th Circ. Won't Upend Certification In Nissan Sunroof Suit
The Ninth Circuit on Thursday refused to undo class certification in a suit alleging Nissan North America Inc. sold vehicles with defective sunroofs prone to shattering, saying the trial court correctly found that there were common questions of law and fact among vehicle owners in the case.
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November 14, 2024
Fake Bear, Real Fraud: Calif. Arrests 4 In Insurance Scheme
Four Los Angeles area residents were charged with insurance fraud and conspiracy after claiming that over $141,000 in damages to luxury autos were caused by a bear, though videos submitted to their insurers showed a person in a bear costume wreaking havoc, a California Department of Insurance spokesperson said.
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November 14, 2024
UPS Execs Swept Growth Issues Under Rug, Investor Says
UPS has been hit with a second lawsuit in as many months from an investor who says the company inflated its 2024 earning projections before rolling out disappointing numbers this summer that sent the company's value plummeting.
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November 13, 2024
Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling
Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.
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November 13, 2024
Wash. Attys Expect Gov. And AG Will Keep Them Busy
Despite President-elect Donald Trump's anticipated de-emphasis of regulatory enforcement, Washington state antitrust and consumer protection attorneys are still expecting plenty of work in the coming years, as the new Democratic governor-attorney general duo are expected to step up local enforcement.
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November 13, 2024
Mich. Justices Bore Into Railroad's Telecom Tunneling Dispute
Norfolk Southern emphasized its safety concerns Wednesday during oral arguments before the Michigan Supreme Court as it tried to persuade the justices to reverse a ruling finding a telecommunications company did not need the railway's permission to bury fiber-optic cable underneath its tracks.
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November 13, 2024
Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit
A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.
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November 13, 2024
2nd Circ. Doubts Bakery Drivers Fall Under Arb. Requirements
A Second Circuit panel seemed to express skepticism Wednesday over a baked goods company's argument that its products' delivery drivers are not exempt from federal arbitration requirements as interstate transportation workers, weighing in on an independent contractor classification suit that went to the U.S. Supreme Court.
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November 13, 2024
Mich. Justice Jokes He's To Blame For PIP Assignment Fights
A Michigan Supreme Court justice joked Wednesday that his 2017 footnote about patients assigning medical claims to healthcare providers was to blame for complicated recent insurance litigation surrounding plaintiffs who sign over their rights but nevertheless sue insurers.
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November 13, 2024
Highway Workers Reach Deal In Misclassification Row
Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.
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November 13, 2024
LNG Co. Says Full DC Circ. Must Revive Texas Project
The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.
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November 13, 2024
Insurers Say Hyundai, Kia Should Pay For Combusting Cars
A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.
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November 13, 2024
Rivian Stock Electrified As $5.8B VW Deal Set Into Motion
Rivian Automotive's stock got a jolt of energy Wednesday after the electric vehicle maker and Volkswagen Group said they were launching a joint venture worth up to $5.8 billion.
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November 13, 2024
Online Car Financing Co. Vroom Crashes Into Ch. 11
Former used car seller and financier Vroom Inc. filed for Chapter 11 bankruptcy Wednesday in Texas with a prepackaged plan to swap $290 million of debt for the bulk of the equity in a reorganized business.
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November 12, 2024
Oakland Airport Must Stop Using 'San Francisco Bay' In Name
The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying in a trademark infringement suit that travelers might be confused into thinking the Oakland airport is affiliated or associated with San Francisco International Airport.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Trump Pick To Lead EPA Is Loyal, Would Learn On The Job
President-elect Donald Trump prioritized loyalty and a demonstrated ability to carry out his priorities with his announcement that he intends to nominate a former congressman from New York state to lead the U.S. Environmental Protection Agency.
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November 12, 2024
Bayer Ruling Looms Over Jaguar EV Battery Fire Risk Suit
A recent Third Circuit decision reviving product liability claims against Bayer over tainted antifungal spray may "bear" on proposed class claims accusing Jaguar Land Rover's U.S. arm of knowingly selling thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge found Tuesday.
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November 12, 2024
SkyWest Had 'Lewd, Crude' Work Environment, Jury Hears
SkyWest Airlines enabled a workplace that was hostile to women, a jury heard during opening arguments Tuesday, driving a woman who worked at the company to consider suicide in the face of unrelenting sexual assault jokes and supervisors who didn't take her concerns seriously.
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November 12, 2024
Split DC Circ. Says White House Can't Issue NEPA Regs
A divided D.C. Circuit determined Tuesday that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act, finding there is no statutory language showing Congress empowered it to do so.
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November 12, 2024
Mich. High Court Snapshot: 3M's PFAS Fight, Detroit Fire Fees
The Michigan Supreme Court returns to the bench Wednesday in a packed oral argument sitting, including a major case on the viability of state PFAS regulations in a challenge brought by 3M Co.
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November 12, 2024
Spa Worker's Claim Against Cruise Line Heads To Arbitration
A Florida federal judge on Tuesday punted on deciding if Norwegian Cruise Line could push claims brought by a ship worker into Bahamian arbitration despite not actually being a signatory of that contract, opting to allow the parties to take the dispute into mediation.
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November 12, 2024
Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit
An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.
Expert Analysis
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.