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Transportation
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February 18, 2025
Limited FERC Pipeline Review Makes No Sense, DC Circ. Told
The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.
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February 18, 2025
EPA Gives Congress A Chance To Sink Calif. Auto Waivers
The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.
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February 18, 2025
Exxon, Koch Lose Bid To End Minn. Climate Change Suit
A Minnesota state judge on Friday largely preserved the state's lawsuit alleging Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels, rejecting arguments that the case was a matter of federal, not state, law.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
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February 18, 2025
Transportation Group Of The Year: O'Melveny
O'Melveny & Myers LLP helped Alaska Airlines obtain regulatory approval for its $1.9 billion merger with Hawaiian Airlines, securing not only a rare consolidation in the aviation industry but also landing the firm a spot among the 2024 Law360 Transportation Groups of the Year.
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February 18, 2025
3 Firms Build $1.34B New England Car Dealership Sale
Asbury Automotive Group Inc. on Tuesday unveiled plans to acquire various automotive dealerships from The Herb Chambers Cos. in a $1.34 billion deal built by three law firms.
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February 18, 2025
Plaintiffs Atty Flags 'Worst' Parts Of Georgia's Tort Reform
A ban on proposing damages amounts to juries in order to "anchor" them, and easier access to two-phase trials, are the worst parts of a proposed "sweeping" tort reform package being pushed heavily by Georgia Gov. Brian Kemp, according to a prominent plaintiffs attorney.
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February 14, 2025
Demise Of Humphrey's Executor Could Sow Chaos At FERC
The Trump administration's quest to expand the president's firing authority over members of independent agencies paints a target on the Federal Energy Regulatory Commission that would create instability within the energy industry if at-will removal of commissioners becomes a reality.
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February 14, 2025
Old Permits Irrelevant To Pollution Controls, Texas Justices Say
The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.
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February 14, 2025
EPA Fires Hundreds Of Employees, Cuts Millions In Contracts
The U.S. Environmental Protection Agency on Friday kept up the pace of cuts to staffing and spending, firing 388 probationary workers and canceling $60 million in contracts related to diversity, equity and inclusion and environmental justice programs.
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February 14, 2025
NTSB Probes Faulty Helicopter Data In DC Collision
The National Transportation Safety Board said that the U.S. Army Black Hawk helicopter involved in last month's deadly midair collision over the Potomac River may not have heard crucial instructions from air traffic controllers and may have been getting inaccurate readings from the cockpit's altimeters.
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February 14, 2025
Ford Hit With $2.5B Punitive Verdict In Truck Roof Deaths Suit
A Georgia federal jury hit Ford Motor Co. with a $2.5 billion punitive damages verdict a day after jurors found the automaker liable for the wrongful death of a couple who died in a rollover wreck of their Ford F-250 Super Duty pickup.
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February 14, 2025
Illinois Vs. The Internet: IP Suits Over Online Sales Stir Debate
Brands have unleashed a torrent of lawsuits across the U.S. that group dozens of online sellers into a single complaint for allegedly peddling counterfeit products, with Chicago emerging as the preferred venue for the litigation and inspiring a local federal judge to declare it has become "Illinois vs. The Internet."
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February 14, 2025
Mich. Panel Decides Where The Sidewalk Begins In Fall Suit
The city of Detroit must face a premises liability case from a resident who fell on a portion of crumbled curb, a Michigan state appeals court has said, finding the curb should be considered part of the sidewalk and therefore under the city's jurisdiction to maintain.
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February 14, 2025
Nonprofit Not Covered For Palestine Protest Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a social justice organization against a proposed class action concerning a Chicago protest in support of Palestine, telling a New York federal court the allegations against the Westchester County foundation don't fall within its policies' scopes of coverage.
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February 14, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Spice Girls star Mel B's ex-husband bring a defamation claim against the publisher of The Sun, a hotel sue a former director convicted of embezzling its funds for breach of fiduciary duty, and comedian Russell Brand face a sexual abuse claim. Here, Law360 looks at these and other new claims in the U.K.
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February 13, 2025
Trump Picks Atty Who Worked At Apple To Head NHTSA
President Donald Trump has tapped Jonathan Morrison, an attorney with an automotive background who most recently worked at Apple Inc., to head the National Highway Traffic Safety Administration, according to a recent U.S. Senate filing.
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February 13, 2025
Bus Co. Sues NYC For 'Frivolous' Migrant Busing Suit
Roadrunner Charters told the Southern District of New York that New York City's complaint seeking $708 million from it and 16 other charter bus companies for transporting migrants from Texas to New York was "unprecedented and frivolous," and violated its constitutional rights.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Exec Cops To Conspiring To Overbill Gov't In Station Project
A former executive for a masonry contractor involved in the multimillion-dollar restoration of Philadelphia's historic 30th Street Station has admitted to a scheme that involved bribing an Amtrak employee to overcharge the federal government $2 million for the project, the U.S. Attorney's Office in Philadelphia said Thursday.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
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February 13, 2025
NY State Says Nothing New In Seneca Nation's Thruway Suit
The state of New York is asking a federal district court to dismiss a challenge by the Seneca Nation over a portion of thruway that runs through its reservation, arguing that nothing could have possibly changed in the 14-year dispute over the validity of a 1954 easement.
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February 13, 2025
Spirit Airlines Ch. 11 Plan Releases Need More Consideration
A New York bankruptcy judge said Thursday the Chapter 11 plan of budget air carrier Spirit Airlines met the conditions for approval, but also told the parties he needed more time to consider the third-party releases proposed in the plan and whether they were consensual.
Expert Analysis
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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What Nearshoring Growth In Americas Means For Patents
With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.