Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

By Linda Chiem

Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

2 documents attached | Read full article » | Save to favorites »

'A Bad Argument': Southwest's Filing In FMLA Suit Irks Judge

By Bonnie Eslinger

A California federal judge on Wednesday criticized counsel representing Southwest Airlines in a certified employment class action for filing an untimely and overbroad motion, saying Southwest's attorney was making "a bad argument" and telling counsel, "You guys should not have done that."

Decision attached | Read full article » | Save to favorites »

11th Circ. Vacates $10.25M Verdict Over Carnival Assault

By Carolina Bolado

The Eleventh Circuit has vacated a $10.25 million judgment against Carnival Corp. and ordered a new trial on a passenger's suit claiming she was held in a storage closet onboard a cruise ship and was sexually assaulted by a crew member.

Opinion attached | Read full article » | Save to favorites »

Amazon Fatal Crash Suit Axed Over Diversity Gaps, For Now

By Bonnie Eslinger

A Texas federal judge on Wednesday tossed a suit against Amazon entities and others in litigation over a fatal vehicle crash involving an Amazon-owned trailer, saying the court was not provided with the evidence to determine if it has jurisdiction over the claims.

Opinion attached | Read full article » | Save to favorites »

Norfolk Southern Says Precedent Undermines Derailment Suit

By Kelcey Caulder

Norfolk Southern urged a Georgia federal judge Wednesday to deny class treatment to investors who allege they were deceived about the company's safety operations before a fiery train derailment in Ohio in 2023, arguing U.S. Supreme Court precedent undercut the argument that the rail carrier's share price was unlawfully inflated.

Read full article » | Save to favorites »

Sens. Push Probe Of DOT's Failure To Protect Flyers' Privacy

By Gina Kim

U.S. Sens. Ron Wyden, D-Ore., and Shontel Brown, D-Ohio, asked the U.S. Government Accountabiliy Office Wednesday to investigate the U.S. Department of Transportation's "systemic abdication" and "regulatory neglect" of its consumer privacy enforcement mandates meant to protect air travelers' privacy, warning of "severe international and economic ramifications."

Letter attached | Read full article » | Save to favorites »

Cessna Maker Says Owner, Operator Share Blame For Crash

By Hope Patti

The manufacturer of a Cessna jet involved in a Connecticut crash that killed four people wants the jet's owner and operator added to an ongoing coverage dispute, saying even if it's found liable for the fatal flight due to a design flaw, the owner and operator will still bear some responsibility.

2 documents attached | Read full article » | Save to favorites »

Suit Says Tesla Model Y Ran Into Barrier, Failed To Deploy Airbags

By Jonathan Capriel

A Boeing aircraft technician claims defects in his 2022 Tesla Model Y caused the vehicle to crash into a concrete barrier where another defect prevented his air bag from deploying, leaving him with permanent spinal injuries, in a lawsuit in Washington state court.

Complaint attached | Read full article » | Save to favorites »

Dodge Ram 1500 Defect Causes Abrupt Stops, Drivers Say

By Gina Kim

Dodge Ram 1500 drivers filed a proposed class action Tuesday in Michigan federal court against automaker Fiat Chrysler, alleging their vehicles suffer from a uniform and systemic defect that's causing persistent check engine light illumination, and unexpected stalling or stopping while in motion, posing a dangerous risk of vehicle collisions.

Complaint attached | Read full article » | Save to favorites »

FCA Says Autoliv Still Missing The Mark In Air Bag Scrap

By Susan Smiley

FCA US LLC has urged a Detroit federal judge to dismiss Autoliv's amended countercomplaint in their contract dispute, saying that the automotive safety supplier acknowledged in its latest filing that it missed the deadline to request a price increase for an FCA-driven air bag redesign.

Motion attached | Read full article » | Save to favorites »

French Auto Co. Says Marelli Can't Hire Ex-CEO After Ch. 11

By Clara Geoghegan

Automotive technology group OPmobility has asked a Delaware bankruptcy judge to block its former CEO from working for Marelli Corp., a bankrupt competitor that is working to exit Chapter 11, saying the appointment would endanger trade secrets and violate a noncompete agreement.

Motion attached | Read full article » | Save to favorites »

O'Reilly Worker Says Auto Retailer Shorted Breaks, Sick Pay

By Maddie Khaw

A retail worker for an O'Reilly Auto Parts subsidiary has accused the company of failing to pay Washington state employees for missed meal breaks and post-shift work, part of an alleged systematic practice of undercompensation in which workers are also restricted from discussing their wages with others.

2 documents attached | Read full article » | Save to favorites »

Flock Surveillance Cameras Enable Stalking, Class Suit Says

By Kelcey Caulder

Flock's nationwide vehicle surveillance system has repeatedly been used for "personal surveillance and stalking" rather than for proper law enforcement purposes, a driver said in a proposed class action in Georgia federal court.

Complaint attached | Read full article » | Save to favorites »

Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

By Benjamin Morse

A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

2 documents attached | Read full article » | Save to favorites »

Pot Distributor Again Files Counterclaims In Contract Dispute

By Mike Curley

A cannabis distributor has filed renewed counterclaims against its former consulting partner and a rival distributor, alleging that the rival deliberately interfered with an exclusivity agreement with the consulting partner.

1 document attached | Read full article » | Save to favorites »

Oil Cos. Insist High Court Must End Colo. Climate Suit

By Rae Ann Varona

Exxon and Suncor Energy argued Wednesday in their latest brief urging the U.S. Supreme Court to end the city and county of Boulder, Colorado's climate change tort lawsuit against them that allowing the case to proceed would set a precedent that juries can make decisions on energy policy.

1 document attached | Read full article » | Save to favorites »

4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

Opinion attached | Read full article » | Save to favorites »

Del. Boeing Ruling Shows How Compliance Defeats Caremark

The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

Opinion attached | Read full article » | Save to favorites »

What Mixed Safety Stats Mean For Offshore Injury Cases

While the International Marine Contractors Association's most recent safety report shows that injury rates for offshore workers are decreasing, a rising fatality rate tells a more complicated story about negligence and systemic risk — with implications for how practitioners pursue injury and wrongful death claims, says Steve Kherkher at Kherkher Garcia.

Read full article » | Save to favorites »

Dems Say DOJ Opinion Aims To Foil Oversight Of White House

By Courtney Bublé

With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

Letter attached | Read full article » | Save to favorites »

ABA Faces Uphill Battle To Remain As Law School Accreditor

By Emma Cueto

The American Bar Association council responsible for accrediting law schools is fighting on multiple fronts to retain its status as a nationwide accreditor, fending off challenges at both the federal and state levels.

Read full article » | Save to favorites »

Bradley Arant Launches Retail, Consumer Brands Practice

By Tracey Read

Bradley Arant Boult Cummings LLP has launched a retail, digital commerce and consumer brands practice to help clients protect their brands and preserve public trust in fast-moving, highly regulated markets.

Read full article » | Save to favorites »