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Transportation
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May 16, 2024
Windels Marx Accused Of Double-Dealing In NYC Taxi Deal
Windels Marx Lane & Mittendorf LLP was sued in Minnesota federal court Thursday over claims that, while representing both the buyer and the seller in a transaction of New York City taxi medallions, it repeatedly lied to the seller and helped the buyer evade paying $390,000 it owed.
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May 16, 2024
Delta, Flight Attendants Ink $16M Deal To End Wage Suit
Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.
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May 16, 2024
Justices Say Courts Must Stay Suits Sent To Arbitration
The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.
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May 16, 2024
Treasury Provides Extra Relief For Bonus Energy Tax Credits
The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.
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May 15, 2024
Iridium Partner Gets Novel FAA Waiver For Beyond-Sight Use
In what satellite phone company Iridium Communications is calling a "watershed moment," the Federal Aviation Administration is allowing one of its partner companies to begin beyond visual line of sight operations, Iridium said Wednesday.
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May 15, 2024
Daimler Settles Worker's Suit Claiming Pot Test Got Him Fired
Daimler Truck North America LLC has settled an employee's New Jersey federal court suit claiming he was illegally fired over a positive cannabis test following an accident in a company vehicle, even though he wasn't found at fault for the incident, according to a Wednesday court filing.
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May 15, 2024
Scott + Scott, Schall To Rep Investors Against Bike Parts Co.
Scott + Scott Attorneys At Law LLP and the Schall Law Firm will represent a proposed class of investors in Georgia bicycle parts maker Fox Factory Holding Corp. in a suit alleging the company hurt investors by concealing slumping sales and demand.
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May 15, 2024
Auto Max Must Face Suit Over Transport Driver Injury
A Pennsylvania federal judge on Wednesday said a vehicle transporter's claims that he was injured because Auto Max Corp. failed to tell him that a truck he was moving was inoperable should go to a jury.
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May 15, 2024
Tesla Must Face Trimmed 'Full Self-Driving' False Ad Suit
Tesla can escape warranty claims in an amended proposed class action alleging the electric automotive giant deceived drivers into falsely believing that its cars can fully pilot themselves, a California federal judge ruled Wednesday, but it must face fraud- and negligence-based claims related to representations made about the vehicles' hardware.
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May 15, 2024
House Panel Weighs Baltimore Bridge Rebuilding Costs
Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
Moving Coalition Urges GAO To Probe $20B DOD Moving Deal
Over 250 moving industry members are urging the U.S. Government Accountability Office to investigate a multibillion-dollar contract having a single company manage moving services for the U.S. Department of Defense, saying the deal might not be as achievable as hoped.
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May 15, 2024
DoorDash Inks Deal To End NY AG's Conviction Bias Claims
DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.
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May 15, 2024
EPA Urges La. Court Not To Broadly Block Civil Rights Regs
The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
House-Passed FAA Reauthorization Bill Now Heads To Biden
The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 15, 2024
Last-Mile Amazon Driver Does Interstate Work, Panel Says
A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.
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May 15, 2024
Chancery Orders $199M Penalty In TransCanada Deal Suit
Citing "non-cumulative" damages award offsets, a Delaware vice chancellor on Wednesday ordered the former TransCanada Corp. to pay $199 million of a potential $283 million judgment issued in a post-trial ruling last year on amounts owed to former Columbia Pipeline Group Inc. shareholders shorted in a 2016 merger.
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May 15, 2024
Fees Sought For Missed Depo During Atty's Solar Eclipse Trip
In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.
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May 15, 2024
Chinese Art Marketplace, EV Co. Ink SPAC Deals Worth $834M
Two Chinese companies, art marketplace Tyfon Culture Holdings and electric-vehicle maker Aiways Europe have announced plans to go public in the U.S. via mergers with special-purpose acquisition companies in deals that are together valued at around $834 million.
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May 15, 2024
No Coverage For Day Care In Toddler Death Suits, Judge Says
A Progressive unit has no duty to defend or indemnify a now-defunct day care and its former owner in two suits over the death of a toddler who was left in a hot car, a Tennessee federal court has ruled, saying the vehicle involved wasn't covered under the day care's policy.
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May 14, 2024
Musk Can't Avoid Another Deposition In SEC Twitter Dispute
A California federal judge on Tuesday ordered Elon Musk to testify once again in the U.S. Securities and Exchange Commission's suit over his $44 billion acquisition of X, formerly known as Twitter, finding that the SEC's subpoena "reasonably seeks" information relevant to the agency's investigation.
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
DOJ Says Boeing Violated 737 Max Deferred Prosecution Deal
Boeing breached its deferred prosecution agreement with the U.S. Department of Justice stemming from the deadly 737 Max 8 crashes, but the government hasn't yet decided whether it will criminally prosecute the American aerospace giant for defrauding regulators, the DOJ said in a Texas federal court filing Tuesday.
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May 14, 2024
DC Circ. Affirms Toss Of Muslim Family's Airport Search Suit
The D.C. Circuit on Tuesday upheld the dismissal of a Muslim family's lawsuit alleging they endured unconstitutionally intrusive treatment on an international trip that evinced they had been wrongly placed on a terrorist watchlist, finding that the lower court correctly leaned on a confidential declaration from an FBI agent in tossing the case.
Expert Analysis
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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2nd Circ. Ruling Clarifies Title VII Claim Standards
The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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3 Personal Jurisdiction Questions Mallory Leaves Unanswered
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.
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9th Circ. Ruling Expands The Horizons Of Debt Discharge
The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in RS Air v. NetJets demonstrates that creditors should not be quick to conclude that their recoveries are limited if a debtor commences bankruptcy and receives a discharge, and should instead consider other potential paths for recovery, like alter ego claims, say Dania Slim and Claire Wu at Pillsbury.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Aviation Watch: When Are Pilots Too Old To Fly?
A recent move by the U.S. House of Representatives to raise the mandatory retirement age for airline pilots from 65 to 67 has reignited a decades-long debate — but this issue is best addressed through collective bargaining between carriers and pilots, rather than through legislation, says Alan Hoffman, a retired attorney and aviation expert.