Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

By Linda Chiem

A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

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

Tort Report: Uber Owes $40M In Abandoned Rider Death Case

By Y. Peter Kang

A $40 million arbitration award in a case over an Uber incident and looming litigation against the federal government over a highly publicized U.S. Immigration and Customs Enforcement raid on a Hyundai-LG plant in Georgia lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Read full article » | Save to favorites »

Norfolk Southern Investors Certified In Derailment Suit

By Sydney Price

Norfolk Southern investors can proceed as a class in a suit accusing the company of making misleading statements regarding its safety operations before a fiery train derailment in Ohio in 2023, though a Georgia federal judge did adopt the company's suggestion to narrow the class period.

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

7th Circ. Backs Truckers In Union Pacific BIPA Suit

By Craig Clough

A Seventh Circuit panel on Wednesday affirmed that fingerprint scans at Union Pacific's Illinois facilities violated a state privacy law, rejecting the company's stance that a government contractor exception applies anytime the contract is active.

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

Biz Groups Urge 5th Circ. To Back Texas Derivative-Suits Limit

By Mike Curley

The U.S. Chamber of Commerce and the Texas Association of Business on Wednesday urged the Fifth Circuit to uphold the dismissal of a Southwest Airlines shareholder's derivative suit, saying Texas law properly blocks such suits for those who hold less than 3% of shares.

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

Spirit Airlines' Settlement With Lufthansa Unit Gets OK

By Alex Wittenberg

A New York bankruptcy judge signed off Wednesday on a deal between Spirit Airlines and a unit of Lufthansa Group, ending disputes over aircraft parts, a Spirit-owned engine and a tariff payment made by the debtor.

Read full article » | Save to favorites »

Delta Concealed Noncompetes, Wash. Class Action Claims

By Ben Adlin

Delta Air Lines Inc. broke Washington state law by failing to disclose the terms of its noncompetition restrictions to job applicants before they accepted employment, a worker has claimed in a proposed class action filed in King County Superior Court.

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

NTSB Must Turn Over Cockpit Recording Of Fatal Conn. Crash

By Hope Patti

A Connecticut state court ordered the National Transportation Safety Board to turn over a two-hour-long cockpit voice recording from a Cessna jet that was involved in a crash that killed four people, saying the audio is necessary for the fair assessment of issues central to wrongful death and insurance suits.

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

Brief

OPmobility Buying Hyundai Lighting Business For $443M

By Al Barbarino

OPmobility said Wednesday it has agreed to acquire Hyundai Mobis' lighting business for an enterprise value of 600 billion Korean won ($443 million), expanding the French automotive supplier's presence in the global vehicle lighting market.

Read full article » | Save to favorites »

Fla. Panel Says Hot-Car Conviction Needs Knowledge Element

By Parker Quinlan

A Florida state appeals court Wednesday ruled that a nanny convicted of felony murder after forgetting she left a 10-month-old inside a hot car should be tried again, saying prosecutors used an improper underlying charge as a basis for the felony murder charge.

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

Monster Energy Bares Teeth Over Car Parts Co.'s Claw Mark

By Gina Kim

Monster Energy has accused Monster Transmission of copying its "M" logo, complete with the claw and scratch design and bright green-and-black color scheme, and trading on the energy drink company's recognition and goodwill in the motorsports and automotive industry.

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

Former NJ Transit Atty Launches Age Bias Suit Over Firing

By Adrian Cruz

A former New Jersey Transit assistant general counsel told a New Jersey state court that the agency fired him due to his age while also failing to abide by its own human resources policies in making its decision.

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

DC Says Rail Fee Doesn't Favor Local Carriers Over Others

By Jared Foretek

The Office of Attorney General for the District of Columbia has urged a federal judge to uphold its annual per-car fee on railroads against a challenge from the freight industry, arguing the charge is valid under the dormant commerce clause because it doesn't favor in-state interests over those outside the district.

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

Brief

Chinese Truck Beds Face Early Antidumping Duty Rates

By Jack McLoone

Truck bed covers imported from China into the U.S. are facing possible triple-digit duties, the U.S. Department of Commerce said Wednesday, finding they are being sold at less than fair value.

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

EEOC Claims UPS Yanked Deaf Applicant's Job Offer

By Grace Elletson

The U.S. Equal Employment Opportunity Commission claimed in a Wednesday lawsuit that UPS violated federal civil rights law by offering a job to a deaf applicant and then later rescinding the role after failing to give him a sign language interpreter for his employee orientation session.

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

Senate Leaders Unveil Project Permitting Overhaul

By Keith Goldberg

U.S. Senate energy and environmental leaders on Wednesday unveiled bipartisan legislation aimed at speeding up the permitting of infrastructure projects, and said they hope to get the bill through the chamber during the lame-duck session following November's elections.

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

Wash. Judge Blocks Construction Of Protected River Road

By Joyce Hanson

A Washington federal judge has blocked for now construction of a road within an active channel of the Stehekin River, granting a conservation group's request for a temporary restraining order effective until Oct. 16 as it seeks to protect salmon during spawning season.

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

'Numerical Mumbo Jumbo': Gogo Escapes $22.7M IP Damages

By Rae Ann Varona

A federal judge Wednesday undid a damages award of roughly $22.7 million against Gogo Business Aviation for infringing four patents held by rival in-flight Wi-Fi company SmartSky Networks, saying SmartSky had leaned on "numerical mumbo jumbo" in its damages case before a Delaware jury.

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

Opinion

Colo. Climate Suit Defies Limits Of State Power

In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

Read full article » | Save to favorites »

AI Meeting Recaps Pose New Discovery And Privilege Risks

The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

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

UCLA Law Is Latest DOJ Target Over Race Bias In Admissions

By Dorothy Atkins

The U.S. Justice Department's Civil Rights Division accused the UCLA School of Law of discriminating against white and Asian students in its admissions process in a letter sent to the school's counsel Thursday, following multiple other similar letters that the DOJ sent to other higher-education institutions.

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

DOJ Outlines New Corporate Fraud Enforcement Priorities

By Phillip Bantz

Federal prosecutors "must place great weight" on a new list of factors when considering potential charges in corporate fraud cases, including whether the matters involve government programs, threats to national security or immigration offenses, according to a memo released Thursday by the U.S. Department of Justice.

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

Trump Announces Judicial Noms For 5th Circ., NC

By Courtney Bublé

President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

Read full article » | Save to favorites »

Blackburn Holds Up White House's Tenn. Judge Pick

By Courtney Bublé

The White House is standing by its nominee for a federal judgeship in the Eastern District of Tennessee amid a holdup from Sen. Marsha Blackburn, R-Tenn., a White House official confirmed to Law360 on Thursday.

Read full article » | Save to favorites »

Richards Layton Atty Confirmed To Join Del. Chancery Bench

By Rose Krebs

Delaware's Senate on Thursday confirmed a Richards Layton & Finger PA director to a 12-year term as a vice chancellor on the Chancery Court.

Read full article » | Save to favorites »

FBT Gibbons Beats DQ Bid In Suit Over Cigna Payments

By George Woolston

A New Jersey state court judge has rejected a plastic surgery practice's bid to disqualify FBT Gibbons LLP from representing Cigna and a group of employer-sponsored health plans in its suit over the insurer's alleged underpayments, finding the bid appears more of an effort to gain an advantage rather than one to protect the interests of any client.

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

Roundup

The Top In-House Hires Of September

By Michele Gorman

Legal department hires during the past month included high-profile appointments at MSG Sports, Nestle and the Associated Press. Here, Law360 Pulse looks at some of the top in-house announcements from September.

Read full article » | Save to favorites »

Judge Reinstates Rogoff As Seattle US Atty After Trump Firing

By Rachel Riley

A Washington federal judge issued an order from the bench on Thursday reinstating Roger Rogoff as U.S. attorney for the Western District of Washington, finding that President Donald Trump exceeded his authority when he fired him in July.

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

Trump Says Copyright Chief Can't Stay In Office Amid Appeal

By Adam Lidgett

The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

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

Monthly Merger Review Snapshot

By Matthew Perlman

State enforcers settled their case challenging Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, while the U.S. Department of Justice probes Fox's planned $22 billion deal for Roku and regulators review massive deals in the energy and railroad sectors.

Read full article » | Save to favorites »