Transportation

  • September 03, 2024

    Army Corps Gets 150K Comments Against Enbridge Pipeline

    Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.

  • September 03, 2024

    5th Circ. Panel Pushes Plaintiff Groups In Oil Terminal Row

    A Fifth Circuit panel seemed wary of a claim by several groups who argued they hadn't forfeited arguments relating to vessel traffic on Texas' Gulf Coast, saying during oral arguments last week that the group's brief didn't include anything about forfeiture.

  • September 03, 2024

    Maduro's Private Jet Seized In Fla. Over Sanctions Violation

    Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.

  • September 03, 2024

    Feds Ask Sixth Circ. To Uphold Highway GHG Rule

    The federal government called on the Sixth Circuit to overturn a district court ruling finding the Federal Highway Administration overstepped its authority by directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects, arguing the rule aligns with Congress' instructions.

  • September 03, 2024

    Texas Justices Will Review $116M Trucking Wreck Award

    Trucking company Werner Enterprises Inc. will get a chance to upend a $116 million jury verdict that found it liable for a crash that killed a 7-year-old and paralyzed a 12-year-old, after the Texas Supreme Court said it would take up the company's appeal.

  • September 03, 2024

    Pedestrian Hit By Off-Duty Uber Driver Can't Sue Over Injuries

    A California appellate panel held Uber can't be sued for the negligence of a driver who hit a pedestrian just minutes after he switched his status to "offline," saying it was speculative to assume the driver was still on duty due to his alleged manipulation of higher "surge" fares.

  • September 03, 2024

    3rd Circ. Preview: Starbucks Firing, Liquor Law In September

    Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.

  • September 03, 2024

    Lima Wants No Bond As It Appeals $200M Hwy Contract Case

    The Peruvian city of Lima is urging a D.C. federal court not to force it to post a bond as it appeals a ruling enforcing arbitral awards now worth nearly $200 million following a dispute over a highway contract, saying that requiring a bond would be a waste of public funds.

  • September 03, 2024

    2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health

    The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.

  • September 03, 2024

    6th Circ. Revives Suits Over Fatal Kia Optima Crash

    A split Sixth Circuit panel on Tuesday reinstated a pair of suits alleging that a malfunction in the cruise control of a 2008 Kia Optima caused it to accelerate and hit a van, killing the Kia's driver and twin boys in the van, saying the trial court wrongly excluded portions of the plaintiffs' experts' opinions.

  • September 03, 2024

    8th Circ. Says Union Pacific Must Face Color Vision Bias Suit

    The Eighth Circuit revived a former Union Pacific conductor's lawsuit alleging he was unlawfully fired after failing a color vision test, ruling Tuesday that a lower court erroneously said his participation in a defunct class action couldn't save his claims.

  • September 03, 2024

    EPA Should Have Rethought Smog Plan, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to rethink its plan to reduce smog-forming emissions across several states once courts partially blocked the plan's implementation, saying those decisions vindicate arguments that the rule can't be legally crafted.

  • September 03, 2024

    Alaska Says Nothing's Changed As Flyers Try Merger 'Do-Over'

    Alaska Airlines wants a nixed flyer challenge to its $1.9 billion purchase of Hawaiian Airlines to stay nixed, telling a Hawaii federal judge that declarations from the plaintiffs about their travel plans could have been submitted months ago and are "too little, too late" to overcome the judge's ruling that they had no standing.

  • September 03, 2024

    Calif. Eyes New Heavy-Duty Autonomous Truck Testing Regs

    California is forging ahead with plans to test and deploy more heavy-duty autonomous trucks, at the same time that state lawmakers are seeking to ban autonomous trucks from operating without a human driver behind the wheel.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • August 30, 2024

    CrowdStrike VP Called To House Hearing On Global IT Outage

    A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm. 

  • August 30, 2024

    Flight Training Co. Can't Ditch Crash Liability Suit, Judge Says

    An Illinois federal judge said Friday that a Florida flight training provider must face claims that it negligently trained the crew members who were aboard a Global Air-operated Cubana de Aviación flight that crashed in Cuba in May 2018, killing 113 people.

  • August 30, 2024

    RTX Corp. To Settle Engineers' No-Poach Class Claims

    RTX Corp. on Friday announced a nascent class action settlement in a lawsuit accusing its Pratt & Whitney division of orchestrating an agreement among five aerospace engineering suppliers not to hire one another's employees, a move that follows a $26.5 million settlement between the employees and the five other firms.

  • August 30, 2024

    Judge Unsure Warehouse Antitrust Suit Belongs In Fed. Court

    An Illinois federal judge appeared skeptical Friday that a warehouse developer could unravel a municipal contract with several real estate companies accused of violating antitrust laws, questioning if the plaintiff was truly harmed by the deal or a related judgment its rivals later won in state court.

  • August 30, 2024

    Coach USA Accused Of Mass Layoff Without Timely Notice

    Bus company Coach USA, which filed for Chapter 11 bankruptcy in June, failed to give drivers a timely notice of mass layoffs as required by state and federal law, according to a proposed class action filed in New Jersey federal court.

  • August 30, 2024

    UPS Gets NLRB Info Request Redo From 11th Circ.

    The Eleventh Circuit reversed on Friday part of a National Labor Relations Board ruling that UPS illegally refused to provide information to the Teamsters, directing the board to analyze the company's argument that the parties' contract precluded the union's request for workers' phone numbers.

  • August 30, 2024

    Texas Justices Won't Hear Truck Co.'s $1M Tax Exemption Bid

    The Texas Supreme Court on Friday denied a freight transportation company's request for the justices to consider whether the company is exempt from state franchise tax and owed a roughly $1 million refund.

  • August 30, 2024

    Gov't Contracts Of The Month: Base Networks, Nuclear Power

    In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. ​​​​These are Law360's most noteworthy government contracts for August 2024.

  • August 30, 2024

    Uber Owes Drivers Duty Of Care In Rider Match, 9th Circ. Says

    A Ninth Circuit panel said Friday that Uber Technologies Inc. can't dodge liability after one of its drivers was murdered in a carjacking, finding rideshare companies have a duty to their drivers to use reasonable care to match them with riders.

  • August 30, 2024

    Insurers Say Honda, Dealership Owe $1M For Auto Fire

    Insurers for a homeowners association and two residents told a New York federal court that Honda and a local dealership must foot the bill for a 2021 vehicle fire that caused property damage and "additional expenses" totaling over $1 million.

Expert Analysis

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War

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    In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • Managing Credit Card Rewards Programs Amid Scrutiny

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    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • What To Expect From CFPB And DOT Card Rewards Inquiry

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    Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.

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