Transportation

  • October 11, 2024

    Judge Awards $2.4M For Crash Sparked By Military Explosives

    A Washington federal judge on Friday awarded $2.4 million to a couple who sued after the husband was seriously injured in a 2016 motorcycle accident in a thick cloud of smoke from a brush fire sparked by explosives detonated by National Guard soldiers on a training exercise.

  • October 11, 2024

    Wash. DOT Settles Deadly Highway Tree Fall Suit For $775K

    The Washington State Department of Transportation will pay $775,000 to the surviving members of a family who sued the agency after a Douglas fir fell on their vehicle while they were traveling along a state highway on the Olympic Peninsula in 2017, causing two deaths and devastating injuries to the survivors.

  • October 11, 2024

    6th Circ. Blocks Work On Tenn. Pipeline For TVA Gas Plant

    A split Sixth Circuit panel on Friday temporarily blocked construction of a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City, as conservation groups challenge Clean Water Act permits Tennessee and the U.S. Army Corps of Engineers issued for the pipeline.

  • October 11, 2024

    Electric Vehicle Maker Fisker Cleared To Exit Chapter 11

    Electric car maker Fisker Inc. is set to exit Chapter 11 after a Delaware bankruptcy judge on Friday ruled that opt-out forms sent during plan voting showed creditor consent for third-party releases, but that shareholders who didn't vote on the plan hadn't agreed to the releases.

  • October 11, 2024

    Truck Rental Platform Stole Truck Owners' Profits, Suit Claims

    A company that said it invested in a fleet of trucks to rent through a truck rental platform accused the rental platform company in a proposed class action filed in Colorado federal court Thursday of wrongfully pocketing more than $11 million obtained through sales of old rental trucks.

  • October 11, 2024

    High Court Bar's Future: Stanford Law's Easha Anand

    Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.

  • October 11, 2024

    US Law 'Wins,' Judge Says, Nixing Treaty Challenge To Duties

    The U.S. Court of International Trade has rejected a steel importer's arguments that U.S. antidumping duties need reworking to comply with the General Agreement on Tariffs and Trade, stating that U.S. law "wins" when in conflict with an international treaty.

  • October 11, 2024

    3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible

    A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver. 

  • October 11, 2024

    Insurer Must Defend Flight Co. Over Propeller Injury Suit

    An insurer must defend a flight training business against personal injury claims by a flight instructor who said an aircraft propeller injured him, an Illinois federal court ruled Friday, finding the company's late notice to the business's insurer did not void the potential for coverage.

  • October 11, 2024

    Justices Will Evaluate RICO Scope In Trucker's CBD Case

    The U.S. Supreme Court on Tuesday will hear a case brought by a trio of CBD companies asking the justices to establish whether a trucker can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act, or RICO.

  • October 11, 2024

    Lyft Algorithm Defect Claim Dismissed In Sex Assault Suit

    A Pennsylvania federal judge has thrown out a products liability claim in a woman's suit against Lyft Inc. over a sexual assault by a man posing as one of its drivers, saying she didn't seek leave from the court to add the claim and it was filed too late.

  • October 11, 2024

    Stellantis Defeats Utah Class Cert Bid In Gearshift MDL

    A Michigan federal judge declined to certify a class of Utah drivers seeking to hold Stellantis North America liable for defective gearshifts in certain Dodges, Chryslers and Jeeps, reasoning that each of the claims would have to be evaluated to determine if drivers noticed issues in the vehicles but purchased or leased them nonetheless.

  • October 11, 2024

    UPS Bumped Stock With Bogus Statements, Investor Alleges

    UPS was hit with a proposed investor class action from a shareholder who alleges that the shipping and logistics giant artificially boosted its earnings projections before revealing disappointing numbers this summer that sent the company's stock price tumbling down by over 12% in a single day.

  • October 11, 2024

    Nigerian Airline CEO Charged With Obstructing Fraud Probe

    The indicted founder and CEO of Nigerian airline Air Peace was hit with new charges alleging he obstructed a U.S. government investigation into claims that he and another airline executive used fake documents to secure $20 million from banks.

  • October 11, 2024

    Quinn Emanuel Faces DQ Bid For Musk-Dogecoin Deal Leak

    Dogecoin investors want Quinn Emanuel Urquhart & Sullivan LLP to be disqualified in their case against Elon Musk and Tesla Inc. because the law firm and its attorneys publicly disclosed a confidential settlement offer in the contentious lawsuit.

  • October 11, 2024

    DOJ Tells Judge Boeing Plea Is 'The Best The Gov't Could Do'

    The federal government told a Texas federal judge Friday that its proposed deal with The Boeing Co. over allegations that it lied to safety regulators about the 737 Max 8's development is "the best the government could do," pushing back against vehement objection from crash victims' families, who called the deal "rotten" and "morally reprehensible."

  • October 11, 2024

    Wheel-Maker Can Tap $20M Of $103M Ch. 11 Funding

    A Delaware bankruptcy judge Friday agreed to allow wheel manufacturer Accuride Corp. to tap into up to $20 million of a $103 million debtor-in-possession financing package from its lenders as an interim measure, along with a slate of customary first-day requests.

  • October 11, 2024

    2 Finance Partners Added To Hunton's London Office

    Hunton Andrews Kurth LLP has welcomed two new lawyers, Alan Cunningham and Richard Skipper, as finance partners in its London office.

  • October 11, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.

  • October 10, 2024

    Ex-Boxer Slams 'Big Brother' Tactics In $1B Drug Case

    The legal team of former heavyweight boxer Goran Gogic criticized the government's attempt to introduce alleged evidence from a massive state-sponsored hack of a messaging app in their client's $1 billion cocaine trafficking case, saying Thursday the use of the data thwarts constitutional protections and could provide an opening to target other encrypted platforms.

  • October 10, 2024

    Why So Hard To Say 'Denied'? Mich. Justices Ask Insurers

    Michigan Supreme Court justices pushed insurers Wednesday to explain why they take issue with appellate rulings requiring them to explicitly say they have "denied" insureds' claims, asking what about including that word or evaluating claims as they normally do would create new obligations on the insurers.

  • October 10, 2024

    SpaceX Urges Trim To Enviro Orgs'. FAA Launch Approval Suit

    SpaceX is pushing a D.C. federal judge to scrap claims that an environmental assessment for its rocket launch program in South Texas must be supplemented after launches allegedly harmed sensitive surrounding areas and migratory birds, and as it faces new litigation over a system installed to prevent launch pad failures.

  • October 10, 2024

    Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal

    Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.

  • October 10, 2024

    Too Early To Decide Indemnification In Flood Row, BNSF Says

    Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BNSF undertook caused significant flooding, noting the case is still pending.

  • October 10, 2024

    Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd

    A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.

Expert Analysis

  • Air Ambulance Ruling Severely Undermines No Surprises Act

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    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Careful Data Governance Is A Must Amid Enforcement Focus

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    Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

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