Transportation

  • May 28, 2024

    DC Circ. Revives Campaign Ad Fight At Mail Carriers Union

    The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.

  • May 28, 2024

    EEOC Gender Bias Suit Should Continue, Magistrate Judge Says

    A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.

  • May 28, 2024

    States, Greens Want Judgment Over USPS' New Vehicle Plan

    Environmentalists and a coalition of 17 states called on a California federal judge to grant them judgment in litigation alleging the U.S. Postal Service violated the National Environmental Policy Act when it decided to replace its aging delivery fleet with "gas-guzzling vehicles."

  • May 28, 2024

    GSA Audit Authority Ruling Bars Crowley Suit Over DOD Deal

    A Court of Federal Claims judge has rejected Crowley Government Services Inc.'s protest over the terms of a U.S. Transportation Command solicitation for freight services, saying the company effectively attempted to relitigate an already decided dispute over the General Services Administration's audit authority.

  • May 28, 2024

    Tribe Says Enbridge's Trespass Concern Wasted Court's Time

    A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    DC Circ. Won't Pause New TSA Airport Screening Mandate

    The D.C. Circuit declined to pause a new requirement Tuesday that airports enhance random screenings of workers with access to secure terminals and facilities, as the court considers a consolidated legal challenge alleging the Transportation Security Administration is improperly shifting its federal obligations to local airport operators.

  • May 28, 2024

    Workplace Civil Rights Suit Gets Full Mich. High Court Hearing

    The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case. 

  • May 28, 2024

    American To Cut Attys Who Blamed Child Filmed In Bathroom

    Wilson Elser Moskowitz Edelman & Dicker LLP attorneys are on the brink of being removed as counsel for American Airlines in a Texas state lawsuit over an ex-flight attendant's secret bathroom recording of a 9-year-old girl.

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total

    Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.

  • May 28, 2024

    Chinese EV Co. Falsely Touted Vehicle Demand, Suit Claims

    China-based electric vehicle maker Li Auto Inc. and three of its executives are facing a proposed class action faulting the company for allegedly hurting investors after it announced it would fall well short of ambitious production goals in early 2024.

  • May 28, 2024

    High Court Won't Hear Pilot HOA's Rail Easement Case

    The U.S. Supreme Court has declined to hear a request from an Alaska homeowners association made up of pilots to review a Ninth Circuit decision giving a railroad control of an easement cutting into an airstrip for an airplane-centric subdivision.

  • May 24, 2024

    Electric Car Co. Execs Hid Supply Issues, New Suit Claims

    A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.

  • May 24, 2024

    HNTB's Liability Capped In Seattle Tunnel Delay Claim

    A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

  • May 24, 2024

    11th Circ. Lets Carnival Passenger Pursue Pain Damages

    The Eleventh Circuit on Friday granted a Carnival Cruise passenger's bid for a new trial seeking damages stemming from her falling out of a wheelchair while disembarking a ship, agreeing that the movant's previous jury award for medical expenses is inadequate without a nominal award for pain and suffering.

  • May 24, 2024

    Airline Worker Terrorized 'Countless' Passengers, Suit Says

    A California man with ties to American Airlines gained access to the private information of regional airline passengers and embarked on a monthslong campaign of harassing them, according to a lawsuit in federal court with 15 plaintiffs.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    3rd Circ. Backs US Immunity Over Marine Recruit's Death

    The Third Circuit has said that "tragedy does not trump sovereign immunity" in a precedential ruling finding that the federal government is immune from a wrongful death suit brought by a U.S. Marine Corps recruit's family after he crashed his car and died on the way to an event for the corps.

  • May 24, 2024

    Feds' Probe Into Waymo Self-Driving Car Finds More Incidents

    The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.

  • May 24, 2024

    Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction

    A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.

  • May 24, 2024

    Applicants Lack Fed. Standing For Wash. Pay Range Lawsuit

    A Washington federal judge sent back to state court a lawsuit alleging an employer violated a new state requirement to include pay ranges in job advertisements, finding that a job listing without pay information does not harm job applicants enough to justify a federal lawsuit.

  • May 24, 2024

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

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Proactive Strategies Can Reduce Truck Cos.' Accident Liability

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    The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.

  • Assigning Liability In Key Bridge Collapse May Be Challenging

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    In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Contract Disputes Recap: Interpretation And Jurisdiction

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    Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • Comparing Corporate Law In Delaware, Texas And Nevada

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    With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

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