Spirit Airlines Owes Millions In Fees To TSA, 11th Circ. Says

By Carolina Bolado

The Eleventh Circuit ruled Monday that Spirit Airlines must remit all security fees to the Transportation Security Administration from customers who canceled flights and did not use their credits within the airline's 60-day expiration period.

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Tesla Wins Chancery Suit Dismissal After Move To Texas

By Sarah Jarvis

A consolidated Delaware Chancery Court suit leveling breach of fiduciary duty claims against Elon Musk and Tesla Inc. directors belongs in Texas, a vice chancellor said Monday, finding that a forum selection bylaw applies retroactively even though the conduct at issue occurred before the company reincorporated in the Lone Star State.

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Mich. Judge Mulls Settlement For Fiat Chrysler OT Suit

By Susan Smiley

An estimated 68,000 Fiat Chrysler employees would receive an average $100 payout under a settlement agreement presented at a hearing Monday in Michigan federal court that would end a 2023 suit accusing the carmaker of not paying workers correct overtime.

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Uber Says Driver Deactivation Not Proof Of Sex Assault

By Abigail Harrison

On the eve of jury selection in a bellwether trial in multidistrict litigation against Uber over alleged sexual assaults, the ride-share company is asking a North Carolina federal court to exclude an offer of proof purporting to cast a driver's deactivation as an admission from Uber that an alleged sexual assault occurred.

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ITC Opens Patent Inquiry Into Joby Electric Air Taxis

By Elliot Weld

The U.S. International Trade Commission has opened an investigation into whether an electric air taxi company's imported materials were infringing the patents of a rival.

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Hyundai Eyes Exit In Insurer Car-Theft Bellwether Trial

By Linda Chiem

Hyundai Motor America has asked a California federal judge to wipe out State Automobile Mutual Insurance Co.'s claims ahead of a bellwether trial next month seeking to hold the automaker liable for allegedly selling theft-prone vehicles that heightened the risk of insurance claims.

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Brief

Bay Area Trains To Get Upgrade After FCC Rule Waiver

By Christopher Cole

The Federal Communications Commission has approved a rule waiver for Hitachi Rail that will let Bay Area Regional Transportation upgrade a half-century-old train control system.

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Norwegian Cruise Line Inks $2M Deal Over Faulty COVID Info

By Matthew Santoni

Norwegian Cruise Lines has inked a $2 million settlement to resolve an investigation by 11 states into its sales practices and cancellation procedures during the COVID-19 pandemic, multiple attorneys general announced.

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Exxon Says Terminal Operator Owes $1.1M In Delay Fees

By Mike Curley

An Exxon unit is suing a Houston Ship Channel terminal operator in Texas federal court, saying that for the last several years, the operator has failed to pay demurrage fees totaling $1.09 million.

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CK Hutchison's Panama Ports Biz Hits Maersk With Arbitration

By Joyce Hanson

Panama Ports Co. SA, a subsidiary of Hong Kong-headquartered conglomerate CK Hutchison Holdings Ltd., said it has begun arbitration proceedings against shipping giant Maersk A/S over its takeover of the PPC port terminals in Panama.

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Insurer Says Coverage Barred For Alleged Nitrous Oxide Sales

By Gianna Ferrarin

Admiral Insurance Co. has no duty to defend or indemnify a group of smoke shops from claims they illegally sold nitrous oxide canisters to individuals, allegedly resulting in several fatal car accidents, the insurer told a Michigan federal court.

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Roundup

NC High Court Snapshot: State Retirees Fight To Retain Class

By Hayley Fowler

The North Carolina Supreme Court in April will tackle a long-simmering fight over the state's obligations to provide health insurance to retired public employees, who are battling to keep their class status.

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9th Circ. Judge Skeptical Of Renewing Trump Energy EOs Suit

By Rachel Riley

A Ninth Circuit judge expressed reluctance on Monday to revive a challenge to President Donald Trump's executive orders prioritizing fossil fuels to meet the country's energy needs, echoing a lower court's concern that the requested relief would give the judiciary the unmanageable task of scrutinizing countless federal agency actions.

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EPA's Retreat On GHGs Reshapes Preemption Debate

In the wake of the U.S. Environmental Protection Agency's rescission of its finding that it can regulate climate-threatening greenhouse gases, states are poised to step up their own GHG regulation — but the EPA's new framework creates substantial uncertainty over the extent of federal preemption, say attorneys at Holland & Hart.

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Defense Contractor Tips For Commercial Solutions Openings

Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

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Opinion

State Bars Need To Get Specific About AI Confidentiality

Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

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DLA Piper Defeats Fired Associate's Claims Of Pregnancy Bias

By Pete Brush

A federal jury in Manhattan declined to award damages Monday to a former associate who says DLA Piper unlawfully fired her after she announced she was pregnant, absolving the BigLaw firm hours after tense closing arguments.

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Q&A

Former Pardon Atty Says Trump's Clemency Grants Hurt DOJ

By Phillip Bantz

Former U.S. Department of Justice pardon attorney Liz Oyer spoke recently with Law360 about how the pardon process has changed, the impact the shift might have on the DOJ and how the system could be reformed.

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DOJ Urges DC Circ. To Revive Trump EOs Targeting Firms

By Alison Knezevich

The D.C. Circuit should individually review each section of President Donald Trump's executive orders targeting four law firms, allowing certain portions to stand if others are blocked, the U.S. Department of Justice argued in a new filing urging the court to revive the measures.

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Analysis

The Justices Had Their Say On Immunity. Is A DC Jury Next?

By Chris Villani

The limits of presidential immunity are once again set to be tested after a D.C. federal judge ruled President Donald Trump must face civil claims over the Jan. 6, 2021, riots, clearing the way for trial and potentially another high-stakes appeal to the U.S. Supreme Court.

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Meta Pulls Some Attys' Social Media Addiction Ads

By Rachel Rippetoe

After losing a bellwether trial last month in one of a slew of cases from plaintiffs who claim to have been harmed by social media, Meta has begun removing ads from attorneys seeking clients with similar claims.

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Brief

EEOC To Produce Law Firm DEI Letter Records By May 15

By Kelcey Caulder

The U.S. Equal Employment Opportunity Commission told a federal court Monday that it would give two law professors documents related to 20 letters the agency sent to law firms over their purported diversity, equity and inclusion practices by May 15.

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Morgan & Morgan Sued Over Firing Amid Nevada Expansion

By Emily Sawicki

Personal injury titan Morgan & Morgan is facing allegations from a former firm attorney in California state court alleging the Golden State lawyer was pressured to file suits in neighboring Nevada despite having an inactive law license and no experience practicing there, and was then harassed and wrongfully fired over the filings.

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Atty Says Ogletree Can't Litigate Against Her In 2 Similar Cases

By Adrian Cruz

A Georgia attorney said Ogletree Deakins Nash Smoak & Stewart PC should be disqualified from serving as defense counsel in a discrimination suit she's working on while simultaneously litigating against her on behalf of her ex-employer in a similar matter.

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NJ Man Who Sought To DQ US Atty Leadership To Plead Guilty

By Gina Kim

A criminal defendant who joined a pending bid to disqualify assistant U.S. attorneys overseeing the U.S. Attorney's Office for the District of New Jersey and escalated a constitutional challenge to its leadership structure told a federal judge Saturday he plans to plead guilty in his drug case. 

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court's docket this past week featured a mix of high-stakes settlements, fast-moving deal litigation, governance disputes and a notable post-trial ruling involving fraud-tainted loans.

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