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August 13, 2024
Ga. Waste Firms, EEOC Settle Gender Bias Suit
Four waste removal companies in Georgia are working to finalize a consent decree to end a suit by the Equal Employment Opportunity Commission claiming they subjected female truck driver applicants to sexist interview questions before filling roles with less qualified men, court records show.
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August 13, 2024
Trump Remarks During Talk With Musk Were Illegal, UAW Says
Statements former President Donald Trump made during a conversation Monday night with Tesla CEO Elon Musk about workers who go on strike violated federal labor law, according to charges the United Auto Workers filed Tuesday, which also accused Trump of unlawfully suggesting he would fire employees for striking.
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August 13, 2024
Rising Star: Hogan Lovells' Matthew Clark
Hogan Lovells' Matthew Clark is helping to chart new regulatory pathways for commercially deploying unmanned aircraft systems in the U.S., earning him a spot among transportation law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
Insurer Owes $18M For Lost Wind Farm Deals, Suit Says
Belgium-based insurer QBE Europe SA/NV should be held liable for more than $18 million in losses suffered by former partners in a now-scuttled joint venture with a Danish company to build vessels for the wind farm industry, as it failed to make a good faith effort to resolve the dispute, a lawsuit filed Monday in Massachusetts federal court contends.
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August 12, 2024
Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules
The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.
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August 12, 2024
'Unicorn' Private Jet Co. Investors End Del. Chancery Suit
A company led by the grandson of Kazakhstan's former president has agreed to settle a suit seeking more than $18 million in damages from private jet service JetSmarter Inc. and its principals — including former U.S. Homeland Secretary Tom Ridge — for alleged misrepresentation of JetSmarter's finances and prospects.
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August 12, 2024
Top 4 Trade Policy Developments Of 2024: Midyear Report
International trade continued its ascent as a national security and industrial policy tool this year, including through new sanctions aimed at isolating Russia, updated tariffs on Chinese goods, new solar import policies and an expanded definition of unfair subsidies. Here, Law360 takes a look back at the top trade policy developments of 2024 so far.
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August 12, 2024
UK Railway Project Forced To Pay £6.2M Tax Bill
A public agency building a high-speed railway in the U.K. had to pay a £6.2 million ($8 million) tax bill for failing to comply with "off-payroll rules" for the contracted employees it engages, according to the agency's annual report.
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August 12, 2024
Fla. Jury Awards Driver $4.3M For Injuries In Traffic Light Crash
A Florida state court jury has awarded a driver more than $4.3 million following a Miami-Dade County trial in a lawsuit the driver brought over injuries he sustained in 2019 when another driver ran a red light and smashed into his vehicle.
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August 12, 2024
Norfolk Southern Says Cuts To Investors' Suit Aren't Enough
Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.
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August 12, 2024
Jetaire Patents Axed After Fla. Judge Backs Magistrate Report
A Florida federal judge invalidated three "fuel tank ignition mitigation technology" patents held by Jetaire Aerospace LLC and granted its competitor AerSale Inc. an early win over the infringement claims Jetaire brought against it, fully adopting a magistrate judge's recommendation that the patents be axed under the on-sale bar.
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August 12, 2024
Ally Bank Latest Auto Lender To Challenge Mass. Towing Law
Ally Bank has told a Massachusetts federal judge that a towing company should be on the hook for the value of a Lexus it sold despite the bank's lien, marking the latest challenge to what the lender calls an "outdated and unconstitutional" state law.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 12, 2024
Oil Cos. Get Go-Ahead On $3.5M La. Contamination Settlement
A Louisiana federal judge has granted preliminary approval to a $3.5 million settlement to resolve residents' claims against Occidental Petroleum Corp. and Anadarko Petroleum Corp. over alleged contamination from creosoting facilities, over the objection of co-defendants BNSF and International Paper.
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August 09, 2024
SEC Settles With EV Fleet Co., 3 Execs For More Than $5M
Electric vehicle company Ideanomics and its former CEO Bruno Wu, a wealthy Chinese entrepreneur, have agreed along with other executives to pay a combined roughly $5.1 million to settle U.S. Securities and Exchange Commission claims of accounting and disclosure fraud, the agency said Friday.
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August 09, 2024
9th Circ. Wipes Out BNSF's Retaliation Win
The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.
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August 09, 2024
Tesla Can't Duck Workers' PAGA Case Under Anti-SLAPP
A California appellate court has rejected Tesla's attempt to ditch a Private Attorneys General Act case brought by former employees seeking personnel records, agreeing with a lower court that the workers' status as members of a class in a related action against Tesla doesn't entitle the electric-car maker to protection under anti-SLAPP.
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August 09, 2024
Pitney Bowes' E-Commerce Arm Can Tap $47M DIP In Ch. 11
A Texas bankruptcy judge on Friday gave DRF Logistics LLC the go ahead to borrow $45 million under a Chapter 11 loan funded by its former parent, shipping company Pitney Bowes Inc., which let go of its majority stake in DRF to wind down the unprofitable e-commerce division in bankruptcy.
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August 09, 2024
Tesla Sued Over Gigafactory Worker's Electrocution Death
The widow of an electrician who was fatally electrocuted this month while working at Tesla's Gigafactory in Austin, Texas, has filed a wrongful death suit in Texas state court, claiming the company negligently allowed a dangerous condition to exist at the automaker's global headquarters.
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August 09, 2024
Transco Can't Get Full 3rd Circ. Review Of Pa. Permit Fight
The Third Circuit has rebuffed Transcontinental Gas Pipe Line Co.'s bid for en banc review of a district court's decision backing a Pennsylvania state environmental board's authority to review pipeline upgrade permits.
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August 09, 2024
Ex-Mozambique Finance Minister Convicted For $2B Scheme
Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.
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August 09, 2024
Domino's Drivers' Attys Urge Court To Reject Sanctions Bid
Attorneys for Domino's Pizza delivery drivers alleging the company doesn't properly reimburse for mileage expenses have implored a Michigan federal judge not to sanction them, saying they weren't aware of arbitration agreements the company alleges should preclude the action until Domino's produced them.
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August 09, 2024
Boeing, Ethiopian Airlines Families Float April Trial Lineup
Boeing and Ethiopian Airlines Flight 302 crash victims' families told an Illinois federal judge Friday that they're prepping the next six cases for an April trial, but disagreed over whether a Canadian resident who lost five family members in the crash should be slotted in for a standalone trial in March.
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August 09, 2024
Lucid Narrows Securities Suit Over EV Production Targets
A California federal judge has trimmed a suit alleging electric-vehicle startup Lucid Group Inc. misled investors about its production target, trimming the case down to four out of 30 statements the investors said were misleading.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
Expert Analysis
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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.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.