Transportation

  • October 01, 2024

    EPA Can't Justify Water Permitting Rule, La. Judge Told

    Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.

  • October 01, 2024

    CFPB, NY Pan Subprime Auto Lender's 'Attempt To Distract'

    The Consumer Financial Protection Bureau and the state of New York have fired back at subprime auto lender Credit Acceptance Corp.'s bid to exit its predatory lending lawsuit in New York federal court, slamming its move as a Wizard of Oz-like effort to escape scrutiny "behind the curtain."

  • October 01, 2024

    Boeing Can't Escape Investors' 737 Max Fraud Suit

    An Illinois federal judge trimmed but refused to toss a proposed securities class action against Boeing over claims that it harmed investors by misrepresenting the 737 Max's safety, pushing back against defendants who wanted him to reach the same conclusion as the suit's previously assigned judge.

  • October 01, 2024

    Davis Polk-Led Brazilian Lubricants Maker Eyes $400M IPO

    Moove Lubricants Holdings, a private equity-backed lubricants producer based in Brazil, on Tuesday unveiled terms for an estimated $400 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Paul Hastings LLP.

  • October 01, 2024

    Most TA Dispatch Claims Fall In Chancery Celadon Suit

    Alabama trucking and transport management company TA Dispatch LLC saw three of its four claims tossed Tuesday from its Delaware Court of Chancery suit seeking millions in damages from directors and officers of a transport and logistics company that went bankrupt shortly after selling TA Dispatch severely hobbled assets.

  • October 01, 2024

    EBay Beats Gov't Claims Over Sale Of Polluting Products

    A New York federal judge Monday tossed a government lawsuit accusing eBay Inc. of hawking illegal automotive, paint removal and pesticide products, holding that the e-commerce giant does not meet the definition of a "seller" and has Section 230 immunity as a publisher of third-party content.

  • October 01, 2024

    EPA Can't Justify Particulate Matter Rule, DC Circ. Told

    The U.S. Environmental Protection Agency can't justify its decision to ratchet down a fine particulate matter air pollution standard, Republican-led states and industry groups told the D.C. Circuit on Monday.

  • October 01, 2024

    Insurer Says Polaris Gave Late Notice Of Death, Burn Suits

    An excess insurer for a manufacturer of off-road vehicles said it should recover the $10 million it spent to help settle two lawsuits against the manufacturer over a fatal vehicle fire, telling a Minnesota federal court it was "severely prejudiced" by the manufacturer's claim notice delay.

  • October 01, 2024

    Delta Wants Suit Over IT Outage Response Thrown Out

    Delta Air Lines is asking a Georgia federal judge to toss a proposed class action brought by customers who claim its botched response to a massive IT outage left them stranded and on the hook for numerous expenses, arguing their claims are barred by a federal deregulation law and its ticket terms.

  • October 01, 2024

    Treasury Plans Final Direct Pay Partnership Regs By Year-End

    The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.

  • October 01, 2024

    Feds Float Duties On Chinese Foam-Making Chemical

    The U.S. Department of Commerce proposed countervailing duties against the Chinese makers of a chemical used to make polyurethane foam, after determining that the producers likely received government assistance that conferred an unfair advantage in the U.S.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • September 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.

  • September 30, 2024

    Plane Parts Exec Loses Appeal In Honeywell Fraud Case

    The Second Circuit refused Monday to free the president of an airplane parts supplier from a seven-year prison sentence over a $15 million fraud on Honeywell International Inc., rejecting his protest over evidence admitted for consciousness of guilt.

  • September 30, 2024

    GM's Cruise To Pay $1.5M Penalty Over SF Robotaxi Crash

    General Motors Co.'s Cruise LLC agreed to pay a $1.5 million civil penalty for failing to promptly disclose that one of its self-driving vehicles last year had dragged a pedestrian for 20 feet, the U.S. Department of Transportation's National Highway Traffic Safety Administration announced on Monday.

  • September 30, 2024

    Alaska-Hawaiian Merger, An Aviation Anomaly

    A promise to keep their distinct brands and a smaller national market share with few overlapping routes helped Alaska Airlines and Hawaiian Airlines seal their merger, a rare feat amid the Biden administration's tough antitrust enforcement and zealous opposition to consolidation, experts say.

  • September 30, 2024

    11th Circ. Skeptical Of Peanut Truck Co.'s Excise Tax Refund

    The Eleventh Circuit seemed skeptical of a lower court's decision to award a $37,000 excise tax refund to a manufacturer on its sale of wagons for carrying and drying peanuts, suggesting during oral arguments that the semitrailers may fail to qualify for a tax exemption for off-road vehicles.

  • September 30, 2024

    Kids Face 'Very Uphill' Climb To Save Reworked Climate Suit

    A California federal judge indicated Monday that he will likely toss amended allegations that the U.S. Environmental Protection Agency's climate policies run afoul of children's constitutional rights, saying the plaintiffs face a "very uphill" battle to conform the lawsuit with binding Ninth Circuit precedent.

  • September 30, 2024

    Resin Co. Seeks Probe Into 4 Countries' Hexamine Exports

    A resin-maker called on the U.S. Department of Commerce on Monday to investigate four countries' exports of a compound used to make explosives, saying foreign producers are selling their products in the U.S. at unfairly low prices.

  • September 30, 2024

    Marathon Unit Wants 8th Circ. To Nix Appeal In Pipeline Fight

    A Marathon Petroleum Corp. subsidiary is asking the Eighth Circuit to dismiss an appeal by tribal landowners trying to intervene in its lawsuit challenging the Interior Department's reversal of prior decisions related to a pipeline crossing part of the Fort Berthold Indian Reservation in North Dakota.

  • September 30, 2024

    Military Reservist Not Owed Top-Up Pay, Feds Tell High Court

    A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.

  • September 30, 2024

    Smart Car Equipment Makers Call For C-V2X rules

    High-tech automakers are pushing the Federal Communications Commission to finalize cellular vehicle-to-everything rules, telling the commission that the wait for clear regulation has delayed the technology's rollout.

  • September 30, 2024

    GM Asks Full 6th Circ. To Rehear Transmission Defect Case

    General Motors LLC is asking the full Sixth Circuit to hold an en banc rehearing of a panel decision last month affirming class certification in a suit alleging it sold vehicles with defective transmissions that caused shaking and shuddering, saying the panel ignored precedent in allowing the class claims to go forward.

  • September 30, 2024

    $143M Seattle Tunnel Insurance Suit Settles Midtrial

    A Seattle construction contractor that claimed it was wrongly denied more than $143 million in coverage for damage to a massive tunneling machine has settled its case against insurers, the parties told a Washington state judge Monday on the second day of a jury trial.

  • September 30, 2024

    Ga. Judge Questions Pizzeria Wage Case Settlement Terms

    A Georgia federal judge declined to sign off on an agreement to settle a former delivery driver's lawsuit alleging unreimbursed expenses pushed his pizzeria pay below the federal minimum wage, expressing some concern about the arrangement.

Expert Analysis

  • 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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • Opinion

    Transpo Board Should Broaden Ex Parte Rules Further

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    The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • FTC Drives Crackdown On Connected Cars' Data Privacy Risk

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    After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.

  • Chapter 11 Ruling Signals Emphasis On Lockup Provisions

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    A New York bankruptcy court's recent ruling in GOL Linhas Aéreas Inteligentes’ Chapter 11 case provides creditors with a strong basis for resisting requests to lock up or otherwise limit their voting rights, say Dania Slim and Andrew Alfano at Pillsbury.

  • How Courts Split On Damages Analysis In Automotive Suits

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    As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.

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