The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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WEDNESDAY, NOVEMBER 26, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight

By Rae Ann Varona

The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.

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CSX Must Face Jury On Retaliation Claim, 2nd Circ. Says

By Aaron Keller

Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.

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John Deere Rival Can't Appeal Info Safeguards In FTC Case

By Lauraann Wood

A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.

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Ex-Nikola CEO Milton Can't Decertify Investor Suit

By Sydney Price

An Arizona federal judge Tuesday rejected former Nikola CEO Trevor Milton's objections to certifying a class of shareholders accusing him and the electric vehicle startup of exaggerating the viability of its prospects, finding the investors have made reasonable progress toward contacting class members.

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AVIATION

Cruz Says Biden DOT Pressured Airports To House Migrants

By Britain Eakin

A new report spearheaded by Sen. Ted Cruz, R-Texas, concluded that the Biden administration pressured several airports to house migrants and let poorly vetted migrants board domestic flights, despite security risks associated with doing so.

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Delta Retirees Seek Court Clearance For Benefits Class Action

By Kelcey Caulder

A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.

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RAIL

Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court

By Matthew Santoni

The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.

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AUTOMOTIVE

Ford Offered 'Paltry' Refund Over Missing Feature, Suit Says

By Gina Kim

Ford admitted it misrepresented that some of its F-150 Lightning trucks have a forward sensing system that helps drivers avoid hitting objects while parking, but will only offer a "paltry $100 refund" for those misrepresentations, alleges a proposed class action filed Tuesday in California federal court.

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Commerce Reviewing Info Gathering For Auto Tariff Rebate

By Kevin Pinner

The U.S. Department of Commerce is seeking comments on requirements for automakers to submit documentation to qualify for a rebate of U.S. tariffs, it said Tuesday.

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BMW Refuses To Cover Faulty Component, Suit Claims

By Lauraann Wood

BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.

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LOGISTICS

Teamsters Say UPS' 'Roadie' Siphons Off Union Work

By Celeste Bott

A Teamsters unit has sued UPS in Illinois federal court, alleging the company is undermining a collective bargaining agreement covering about 10,000 workers in Chicago by giving bargaining unit work to a subsidiary called Roadie.

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INSURANCE

Oil Giants Sued Over Climate-Linked Rise In Insurance Costs

By Ben Adlin

The fossil fuel industry spent decades pushing a coordinated disinformation campaign to conceal its central role in climate change, saddling homeowners with a multibillion-dollar increase in insurance costs as disasters grew more frequent and severe, according to a proposed class action filed Tuesday in Washington federal court.

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ENERGY

EPA Tells DC Circ. Biden-Era Soot Rule Is Fatally Flawed

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency has told the D.C. Circuit that its 2024 rule tightening soot pollution standards, which the EPA has been defending in litigation, is legally and scientifically flawed and must be vacated.

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Brief

US, Mexico And Canada Environmental Panel To Meet

By Dylan Moroses

The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday. 

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EXPERT ANALYSIS

Considerations When Invoking The Common-Interest Privilege

To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

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LEGAL INDUSTRY

Bonus Spotlight

Magic Circle Firms Enchant Associates With Top-Tier Bonuses

By Tracey Read

U.S. associates at Linklaters LLP and Clifford Chance LLP have a lot to be thankful for this holiday season, as the Magic Circle firms Wednesday became the latest to match the BigLaw standard for this year's associate bonuses.

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After Big Win For 2 Trump Foes, A Third Faces 'Tougher Job'

By Phillip Bantz

The recent dismissal of federal criminal charges against New York Attorney General Letitia James and former FBI director James Comey does little to help President Donald Trump's ex-national security adviser John Bolton, whose defense in a classified-materials case presents a thornier set of legal and factual issues, experts say.

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Roundup

Up Next At High Court: ISP Liability & State Subpoena Suits

By Katie Buehler

The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

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Interview

For Covington's Adrian Perry, Music Is A Family Affair

By Theresa Schliep

Despite having a famous rock star dad, Covington & Burling LLP partner Adrian J. Perry wasn't all that interested in being a musician as a young child, but he knew as early as 6 years old that he wanted to be a lawyer.

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Split 6th Circ. Shields Baker Donelson, Not City Councilman

By Matt Perez

In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.

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Foley & Lardner Hit With Malpractice Suit Over Chancery Loss

By Rose Krebs

Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.

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DOJ Asks Court If It Can Release Epstein Files Under New Law

By Lauren Berg

The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.

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Keesal Young Poaching Suit Against Stradley Ronon Trimmed

By Madison Arnold

A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.

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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court

By Rose Krebs

The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.

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Hub Hires: Todd & Weld, Freshfields, Shipman

By Julie Manganis

It was a busy November in Boston's legal community as another firm expanded into the market, and a longtime judge traded his gavel for the ability to address his growing concerns about the Trump administration.

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COMPANIES IN TODAY'S NEWS

AGCO Corp.

Alliance Defending Freedom

American Petroleum Institute Inc.

BMW of North America LLC

BNSF Railway Co.

BP PLC

Burke Inc.

CSX Corp.

Caterpillar Inc.

Chevron Corp.

Clean Air Task Force Inc.

ConocoPhillips Co.

Corning Inc.

Cox Communications Inc.

Deere & Co.

Delta Air Lines Inc.

Dow Inc.

Earthjustice

Exxon Mobil Corp.

Ford Motor Co.

Fresh Del Monte Produce Inc.

General Motors Co.

JPMorgan Chase & Co.

LinkedIn Corp.

Metro-North Commuter Railroad Co.

Natural Resources Defense Council

Nidec Corp.

Nikola Corp.

Norfolk Southern Corp.

Sony Music Entertainment Inc.

The UPS Store

U.S. Chamber of Commerce

UBS Group AG

United Parcel Service Inc.

Universal Music Group NV

LAW FIRMS IN TODAY'S NEWS

Allison Slutsky

Atkinson Andelson

Baker & Hostetler

Baker Donelson

Block & Leviton

Burakiewicz & DePriest

Burg Simpson

Carella Byrne

Christensen Law LLC

Claggett & Sykes

Clement & Murphy

Clifford Chance

Cotchett Pitre

Covington & Burling

Cravath Swaine

DLA Piper

Darby Law Group LLC

Dennis & Dennis

Dykema

Fisher & Phillips

Flannery Georgalis

Foley & Lardner

Foote Mielke

Freshfields

George Feldman

Gibson Dunn

Grant & Eisenhofer

Gustafson Gluek

Hagens Berman

Hatch Law Group

Heber Han

Hodel Wilks

Holland & Hart

Holland & Knight

Hunton Andrews

Izard Kindall

Jones Day

Keesal Young

Keller Rohrback

Labaton Keller

Latham & Watkins

Lieff Cabraser

Linklaters LLP

Lowell & Associates

Mark S. Zaid PC

Markus Moss PLLC

Milbank LLP

Morgan & Morgan PA

Morgan Lewis

Motley Rice

Nelson Mullins

Nixon Peabody

Nye Stirling

Orrick Herrington

Paul Weiss

Phelps Dunbar

Pomerantz LLP

Ropes & Gray

Sauder Schelkopf

Shipman & Goodwin

Simmons Hanly

Stradley Ronon

Taft Stettinius

Throndset Michenfelder

Todd & Weld

Wallin Hester

Weil Gotshal

Wexler Boley

Williams McCarthy

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Kentucky

Delaware Court of Chancery

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Trade Commission

International Trade Administration

Metropolitan Government of Nashville and Davidson County

National Highway Traffic Safety Administration

National Security Council

New Jersey Attorney General's Office

New York Attorney General's Office

Office of the U.S. Trade Representative

Transportation Security Administration

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Merit Systems Protection Board

U.S. Navy

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Nevada

United States District Court for the Northern District of Ohio