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Transportation
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August 07, 2024
Titan Victim's Family Sues For $50M Over Sub's Design Flaws
The family of a French explorer who was killed when the Titan submersible imploded during an expedition to the wreck of the Titanic is seeking $50 million from the sub's operator over claims it purposely concealed the vessel's flaws, according to a wrongful death lawsuit lodged in Washington state court.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
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August 07, 2024
Green Groups Say Export-Import Bank Is Harming Climate
Environmental and animal rights groups on Wednesday asked the U.S. Department of State to order the Export-Import Bank to stop helping fund projects they said are contributing to climate change.
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August 07, 2024
Lender Says Mogul's Privacy Concerns Stymying Trial Prep
Attorneys for a lending agent pursuing a $127 million judgment from an auto parts mogul asked a Michigan federal judge Tuesday to deny the mogul and his bankrupt company's attempts to keep key documents private, saying the inability to share relevant information with their clients is hindering their ability to prepare for trial.
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August 07, 2024
Parts Co. Fights Bid To Pause Pratt & Whitney Antitrust Suit
A parts supplier accusing RTX Corp. subsidiary Pratt & Whitney of using illegal agreements to monopolize the aftermarket supply of their turboprop engine components asked a Pennsylvania federal court to keep discovery moving while considering the possible dismissal of the $450 million lawsuit.
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August 07, 2024
Delta Faces Class Action For 'Disastrous' IT Outage Response
Four customers hit Delta Air Lines Inc. with a proposed class action, claiming its "disastrous" response to a massive IT outage last month left them and thousands of others stranded and forced to pay for other flights, accommodations, rental cars and meals, with the airline refusing or ignoring refund requests.
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August 07, 2024
GM, Allied Unit Dodge Sanctions In Security Guard Bias Suit
A Michigan federal judge declined to sanction General Motors and a private security company Wednesday over a discovery issue, ruling that Black visitors to a GM-owned group of skyscrapers filed "nearly incomprehensible" requests in their suit claiming they were harassed and unlawfully detained.
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August 07, 2024
FERC Defends Rejection Of Grid Operator's Project Cost Plan
The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.
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August 07, 2024
GrubHub Must Face Restaurants' TM Infringement Suit
Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.
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August 07, 2024
5th Circ. Tosses Passengers' Suit Over Southwest TSA Fees
The Fifth Circuit has sided with Southwest Airlines Co. in a suit alleging it breached passengers' contracts by giving them travel credits instead of refunds for Transportation Security Administration security fees, finding the claims were correctly preempted by the Airline Deregulation Act.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 07, 2024
Logistics Co. CEO Denies Role In NJ Racketeering Scheme
The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.
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August 06, 2024
3 Firms Guide AI-Focused Semiconductor Maker's SPAC Deal
Special-purpose acquisition company byNordic Acquisition Corp. said Tuesday it plans to acquire and take public an artificial intelligence-focused subsidiary of Sivers Semiconductors AB through a deal advised by three law firms.
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August 06, 2024
9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit
The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.
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August 06, 2024
Microsoft's Dechert Attys Slam Delta On Outage Suit Threat
Microsoft's attorneys at Dechert LLP fired back Tuesday at Delta Air Lines' recent threat to pursue litigation to recoup hundreds of millions in losses from last month's global CrowdStrike outage, saying the airline repeatedly refused Microsoft's offer for technical assistance.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
NTSB Door Plug Hearing Spotlights Boeing Production Gaps
Boeing still hasn't pinpointed who removed and reinstalled the door plug that subsequently blew off a 737 Max 9 jet operated by Alaska Airlines in January, as the National Transportation Safety Board on Tuesday examined what employees described as disjointed protocols and high-pressure production lines.
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August 06, 2024
7th Circ. Rejects Lion Air Families' Bid For Boeing Jury Trial
The Seventh Circuit ruled Tuesday that a more-than-century-old law governing fatal accidents on the high seas does not allow two remaining victims' estates suing Boeing over 2018's Lion Air crash to demand a jury trial.
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August 06, 2024
Anti-Rape Org. Told To Turn Over Docs In Uber Assault MDL
A D.C. federal judge on Tuesday directed the Rape, Abuse and Incest National Network to produce documents in response to a subpoena seeking information about the anti-sexual violence organization's work with Uber Technologies Inc. as part of multidistrict litigation in California over the sexual assault of Uber passengers.
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August 06, 2024
EPA Seeks DC Circ. Remand Of Good Neighbor Plan
The U.S. Environmental Protection Agency asked the D.C. Circuit to let it take a second look at its plan to reduce smog-forming emissions across several states, arguing a remand is necessary to solve issues recently identified by the U.S. Supreme Court.
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August 06, 2024
6 Firms Lead Chinese AI Chipmaker's $133M Hong Kong IPO
Artificial intelligence chip designer Black Sesame International Holding Ltd. is preparing to debut on the Hong Kong stock exchange this week after reportedly pricing a $133 million initial public offering, guided by six firms, completing one of the Asia region's largest IPOs in 2024.
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August 06, 2024
Houston Partially Escapes Pappas Restaurants' Airport Suit
A state appeals court agreed Tuesday with Houston's argument that a concessions contract with the William P. Hobby Airport did not require the city to follow the Texas Government Code's competitive bidding requirements, partially tossing a suit brought by Pappas Restaurants over its loss of the 2023 agreement.
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August 06, 2024
Amazon Seeks Early Exit From Military Service Bias Suit
Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."
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August 06, 2024
NC Panel Says $40M Award Fitting For Drunken Driving Crash
A North Carolina state appeals court on Tuesday refused to vacate a $40 million verdict against a drunken driver and the owner of a car involved in a fatal head-on collision, saying there's no reason to disturb what it described as the largest drunken driving verdict in the state's history.
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August 06, 2024
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.
Expert Analysis
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.