Transportation

  • August 20, 2024

    6th Circ. Refuses To Force Arbitration In ERISA Suit

    The Sixth Circuit refused Tuesday to let two auto part companies compel individual arbitration in a lawsuit alleging they allowed their employee retirement plan to be loaded with shoddy investment options, ruling that enforcing the pact would prevent workers from seeking planwide remedies allowed by benefits law.

  • August 20, 2024

    At-Fault Driver Must Repay $4M Policy Limit, Insurer Says

    An insurer is seeking reimbursement of a $4 million policy limit it contributed to a $10 million settlement in connection with separate, underlying personal injury lawsuits stemming from a car accident, telling a Georgia federal court the at-fault driver entered an agreement admitting liability for the accident.

  • August 20, 2024

    Boat-Maker Sued Over Anchor Issue Stranding Owner

    A Tennessee boat-maker, Malibu Boats Inc., was hit with a proposed class action claiming its anchor systems are poorly designed, causing one boater to become stranded and require rescue by the U.S. Coast Guard.

  • August 20, 2024

    Utah Tells Justices Feds Must Relinquish Land In State

    The federal government is unconstitutionally hoarding and profiting from public lands in Utah, and the state is missing out on economic and development opportunities that are rightfully its own, it told the U.S. Supreme Court in a proposed lawsuit filed Tuesday.

  • August 20, 2024

    Terrorized Air Passenger Case Tossed For Failure To Amend

    Fifteen passengers can no longer pursue claims against American Airlines and regional carriers for negligently allowing a worker to tap into their private information so he could fuel a monthslong harassment campaign, a Connecticut federal judge ruled, saying the plaintiffs failed to meet a filing deadline.

  • August 20, 2024

    EPA Urges DC Circ. To Uphold Particulate Matter Rule

    The U.S. Environmental Protection Agency is defending its decision to ratchet down a fine particulate matter air pollution standard, telling the D.C. Circuit that states and industry groups challenging it aren't seriously questioning the scientific support for the change and misread the Clean Air Act to argue that the agency overstepped.

  • August 20, 2024

    Estates Say BNSF, Zurich Delayed Settling Asbestos Claims

    BNSF Railway Co. and its Zurich insurer breached their claim handling duties owed to asbestos claimants, the estates of two claimants told a Montana federal court, saying the companies turned insurance protection into "an investment in accrued and ongoing human suffering."

  • August 20, 2024

    Forward Air Investor Urges Co. To Evaluate Sale Options

    Forward Air Corp. top-10 shareholder Ancora Holdings Group LLC on Tuesday urged the asset-light transportation services provider's board of directors to evaluate "any and all" strategic alternatives after Forward Air's $3.2 billion merger with Omni Logistics LLC "wiped out a tremendous amount" of shareholder value.

  • August 20, 2024

    LOT Polish Airlines Objects To DOJ-Boeing 737 Max Plea Deal

    LOT Polish Airlines has urged a Texas federal judge to reject Boeing's plea agreement with the U.S. Department of Justice, saying the deal deprives restitution to airline customers that incurred millions in losses because Boeing defrauded regulators about the 737 Max 8's development.

  • August 20, 2024

    Pa. Justices Say No Public Benefit To Railroad Land Grab

    The general public needed to be the primary beneficiary for a railroad to use eminent domain to take over part of a property and reactivate a siding, and that standard was harder to meet now compared with when a century-old precedent was set, the Supreme Court of Pennsylvania ruled Tuesday.

  • August 20, 2024

    Insider Trading Won't Impact Pilot's Tax Sentencing Guidelines

    A Manhattan federal judge found Tuesday that insider trading allegations won't bump up the guidelines sentencing range for a pilot for U.K. billionaire Joe Lewis who pled guilty to tax evasion.

  • August 20, 2024

    US Forest Service Sued Over Ariz. Canyon Road Approval

    Environmental groups have slapped the U.S. Forest Service with a complaint in Arizona federal court, accusing the agency of violating the National Environmental Policy Act by allowing the construction of three roads into remote canyons in the Coronado National Forest that could destroy one of the last natural jaguar habitats in the United States.

  • August 20, 2024

    Ex-NFLer Says False Claim He's 'Insolvent' Merits Sanctions

    A former NFL player has asked a state judge to sanction a former employee who recently dropped her sexual abuse claims by saying he was likely "insolvent" and unlikely to pay even if she won, arguing the false comments about his finances cost him work opportunities. 

  • August 20, 2024

    Pa. Panel Says Estate Is Entitled To Stacked UIM Coverage

    The estate of a Pennsylvania man who died assisting a motorist is entitled to stacked underinsured motorist benefits under a commercial policy issued to a trucking business the man controlled, a state appeals court ruled, noting the trucking company already paid higher premiums for such coverage.

  • August 20, 2024

    Kansas Resolves Fired Trans Highway Worker's Bias Suit

    Kansas lawmakers approved a $50,000 settlement ending a former highway patrol worker's lawsuit alleging he was fired because he's transgender amid an investigation into whether he'd harassed a female colleague.

  • August 20, 2024

    Appeal Board Says Unpaid Army Invoice Claims Too Late

    The Armed Services Board of Contract Appeals has tossed as untimely a moving company's appeals over unpaid invoices, saying that although the U.S. Army caused the payment delays, the contractor could and should have filed its claims earlier.

  • August 20, 2024

    NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims

    The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.

  • August 20, 2024

    Argentina Must Face $325M Arbitral Award Suit, Judge Says

    A District of Columbia federal judge will not toss a suit seeking to enforce a $325 million arbitration award against Argentina related to a decade-old dispute over the renationalization of the country's state-owned airline, ruling that the lawsuit is timely under a 12-year statute of limitations period.

  • August 20, 2024

    Honigman Boosts Regulatory Team In DC With Ex-NHTSA Atty

    Honigman LLP announced that a former senior attorney with the National Highway Traffic Safety Administration has joined the firm as senior counsel in Washington, D.C.

  • August 20, 2024

    Mass. AG Can't Enforce Housing Act, State's Top Court Told

    Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 20, 2024

    BNSF Urges 5th Circ. To Nix Colorblind Conductor's ADA Suit

    BNSF Railway Co. urged the Fifth Circuit to reject a colorblind conductor's bid to revive his disability bias suit claiming he was illegally fired for failing a vision test, arguing that the former employee's impairment disqualified him for the job.

  • August 20, 2024

    Catching Up With Delaware's Chancery Court

    A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.

  • August 20, 2024

    Alaska, Hawaiian Airlines Clear DOJ Review Of $1.9B Deal

    Alaska Airlines said Monday that the deadline for the U.S. Department of Justice to complete the review of its planned $1.9 billion merger with Hawaiian Airlines has expired, paving the way for the closure of the deal after the DOJ's deadline had been extended several times.

Expert Analysis

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

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