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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
FCA Delaying Answers In Exploding Van MDL, Drivers Say
Drivers alleging Chrysler hybrid minivans contain a defect that causes them to explode are urging a Michigan federal court to force the automaker to identify specific vehicles that caught fire after it purportedly fixed them in a recall, claiming the company has ignored its requests for information for more than five months.
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July 05, 2024
Self-Driving Tech Co. Disputes Chinese Military Designation
Lidar technology firm Hesai has urged a Washington, D.C., federal judge to overturn its designation as a Chinese military company, saying the Pentagon had failed to show it had any connection to China's military industrial base.
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July 05, 2024
DOJ Asks High Court To Review Nixed Bid-Rigging Conviction
The U.S. Department of Justice has asked the U.S. Supreme Court to review the overturning of a former Contech executive's bid-rigging conviction, saying the appeals court was wrong to focus on a supplier relationship between companies that also compete for contracts.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
UAW Wants 'Highly Sensitive' Strategy Kept From Monitor
United Auto Workers is urging a Michigan federal judge to declare that the union can withhold confidential information — such as "highly sensitive" collective bargaining strategy — from the "unprecedented" amount of discovery requested by a monitor investigating alleged financial misconduct and retaliation within the union.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
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July 03, 2024
Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict
Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.
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July 03, 2024
Alaskan Tribe Says It Can't Get Access To Burial Site
The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.
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July 03, 2024
FTC Warns Cos. Over Warranties That Limit Right To Repair
The Federal Trade Commission is warning a group of air purifier sellers, treadmill makers and gaming tech companies not to scare their customers from using independent dealers to repair their products, saying their use of "warranty void" notices might be in violation of federal right-to-repair laws.
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July 03, 2024
No 'Unfettered Discretion' For Zoning Boards: Mich. Justices
The Michigan Supreme Court has held that conditionally rezoning a property is only valid if the property's proposed use is already allowed under a town's ordinances, instructing a trial court to determine whether a racing dragway is a permitted use under a township's commercial zone.
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July 03, 2024
GM Inks EPA Emissions Settlement, Removes Carbon Credits
The U.S. Environmental Protection Agency said Wednesday that General Motors has voluntarily retired nearly 50 million metric tons of greenhouse gas credits to resolve allegations the automaker understated the emissions of about 6 million vehicles.
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July 03, 2024
Geico To Pay Policyholders $2M To Settle Underpayment Suit
Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.
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July 03, 2024
Ohio Ambulance Co. Keeps Win In Air Horn Injury Suit
An Ohio state appeals panel has affirmed a jury verdict in favor of Emergency Medical Transport Inc. in a suit by a woman who alleges her hearing was damaged by an air horn on one of its ambulances, saying a dispute over whether EMT's own ambulance indeed caused the injury was what ultimately blocked the jury instruction she wanted.
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July 03, 2024
Feds Must Act On Right Whale Protections, Green Groups Say
Conservation groups are pushing a D.C. federal judge to order the National Marine Fisheries Service to act on a proposal meant to reduce the number of vessels killing and injuring North Atlantic right whales, saying its inaction is helping push the imperiled species toward extinction.
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July 03, 2024
Cyclist's Widow Settles With Atty Who Caused Fatal Crash
A bicyclist's widow has reached a settlement with the attorney whose car fatally crashed into her husband, just a few weeks after a Colorado federal judge allowed her to revise her lawsuit to include punitive damages under state law.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Vroom Settles With FTC Over Deceptive Ads, Late Deliveries
Texas-based used car company Vroom will pay $1 million to settle allegations it misleadingly advertised to customers that its used vehicles listed for sale were thoroughly inspected and failed to promptly refund customers when their cars weren't delivered within the represented 10-to-14 day time-frame, the Federal Trade Commission announced on Tuesday.
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July 02, 2024
NCDOT, Motorist On Hook For $38M In Crosswalk Crash Case
A North Carolina state court jury has awarded $38 million to a motorist who suffered paralysis after she was hit by a car, in a suit accusing the North Carolina Department of Transportation of causing the collision by improperly designing a crosswalk.
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July 02, 2024
Gig Drivers' Union Rights Make It To Mass. Ballot
Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced.
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July 02, 2024
Marriott Loses Counterclaim In Delta's TM Suit
Delta Air Lines Inc. has won its fight against Marriott International Inc.'s claim that the airline breached an agreement over the use of "Delta Hotels," with a Georgia federal judge finding that the deal at issue applies only in Hong Kong and China.
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July 02, 2024
6th Circ. Takes Up Fuel Pump Appeal GM Pledged To Drop
The Sixth Circuit has agreed to hear General Motors' bid to undo certification of seven state classes of drivers who say GM sold diesel-powered trucks with faulty fuel pumps, although the automaker recently agreed to a $50 million settlement that includes a promise to abandon the appeal.
Expert Analysis
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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After Watershed Year, Clean Hydrogen Faces New Challenges
Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.
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How To Start Applying DOL's Independent Contractor Test
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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What FTC CARS Rule Means For Auto Dealers And Lenders
A newly finalized Federal Trade Commission rule is aimed at changing how auto dealers interact with customers in the financing process, but will likely also affect banks and finance companies — and consequences for lenders and servicers have been amplified by recent Consumer Financial Protection Bureau enforcement actions, say attorneys at Morgan Lewis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.