NY Firm, Clinics Reject FedEx's 'Staged' Crashes Claims

By Linda Chiem

A New York personal injury firm and various healthcare providers have told a Manhattan federal judge that FedEx has asserted implausible claims alleging they orchestrated an insurance fraud scheme to fabricate medical records and inflate accident claims, saying there is no such racketeering enterprise.

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GM Can't Escape Fla. EV Charger Defect Class Action

By Jonathan Capriel

A Florida federal judge largely rejected GM's attempt to dismiss a proposed class action over its Ultium electric vehicle chargers, allowing a couple's deceptive trade practice claims to proceed on the theory that the automaker hid defects causing the chargers to repeatedly fail and overheat.

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Toyota Can't Block Expert In Carbon Monoxide Death Suit

By Y. Peter Kang

A Georgia appeals court on Tuesday largely upheld rulings allowing a wrongful death and product liability case against Toyota to proceed over a fatal carbon monoxide poisoning linked to a keyless ignition vehicle, but said punitive damages were off the table.

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McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

By Ben Adlin

A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

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10th Circ. Revives Aviation Workers' Arbitration Fight

By MJ Koo

The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

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Analysis

High Court Case Looms Over State Climate Superfund Fights

By Keith Goldberg

A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

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Combies Hanson Accused Of Missing 2-Year Lawsuit Window

By Christine DeRosa

Massachusetts personal injury firm Combies Hanson PC has been accused of missing Connecticut's two-year statute of limitations when filing an underlying lawsuit against Delta Air Lines on behalf of a man who alleges he was injured by an airplane's beverage cart.

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Foreign Air Carriers To Challenge FCC Altimeters Order

By Aneeta Mathur-Ashton

The International Air Transport Association is challenging a Federal Communications Commission order requiring aircraft serving the United States to upgrade their radio altimeters but limits reimbursements to domestic carriers.

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Broadcom's Bid To Boost Royalties Prompts BMW Patent Suit

By Rae Ann Varona

BMW has urged a Texas federal court to declare that the German automaker does not infringe a trio of communication technology patents a Broadcom subsidiary owns, alleging in a complaint that Broadcom has been threatening litigation after BMW refused to renew a license agreement at a much higher price.

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BMW Accused Of Misleading 'Lifetime' Fluid In Drive System

By Matthew Santoni

BMW promised the lubricating fluid in part of the suspension and drive system for three SUV models would last the "lifetime" of the vehicle, but they suffered potentially dangerous failures if the fluid was not changed at regular intervals, according to proposed class claims filed in Pennsylvania federal court.

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Safelite Says EEOC Can't Support Nationwide Sex Bias Claims

By Patrick Hoff

Auto glass repair company Safelite urged a Georgia federal court to trim the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company refused to hire women as technicians, arguing the claims of a company-wide practice are too flimsy to stay in court.

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Patent Owner Urges Fed. Circ. To Rethink Marking Decision

By Ryan Davis

A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

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Brief

Truck Modification Co.'s $1.6M OT Deal Nabs Initial OK

By MJ Koo

A North Carolina federal court gave an initial green light Tuesday to a $1.6 million class and collective action settlement resolving overtime claims brought by hourly workers against a vehicle modification company, conditionally certifying a nationwide collective and a Virginia state class for settlement purposes.

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Teachers Union Wants In On CDL Data Fight

By Katherine Smith

The American Federation of Teachers is seeking to enter a lawsuit challenging the Trump administration's bid to obtain a database containing information on 17 million commercial driver's license holders, telling a Virginia federal court Tuesday that the 24 states bringing the suit don't adequately represent the interests of the union.

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Unified, Industry Orgs. Again Push Justices On PTAB Policies

By Dani Kass

Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

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Brief

3 Cos. May Be Dodging Golf Cart Duties, Customs Says

By Jack McLoone

U.S. Customs and Border Protection believes three golf cart importers may be evading duties on such vehicles and their subassmeblies from China, ordering interim measures at the investigation continues.

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EPA Grants 29 Small Refiners Renewable Fuel Exemptions

By Tom Lotshaw

The U.S. Environmental Protection Agency said it has decided to exempt 29 small refiners from a total of nearly 1.8 billion gallons of renewable fuel blending requirements for the 2025 compliance year.

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Boater Was In Control In Fatal Ferry Crash, Fla. Judge Rules

By David Minsky

A Florida state judge on Tuesday ruled against a recreational boat operator in the wrongful death lawsuit of his passenger, finding that he was controlling a 32-foot speedboat in a collision with a ferry while navigating a Miami shipping channel at night.

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Thomson Reuters Cyberattack Hits North American Courts

By Bonnie Eslinger

A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

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Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

By Emily Sawicki

A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

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'Astonished' Homebuyer Says Atty Email Lapse Caused Hack

By Pete Brush

A New York City law firm has been ordered to provide internet security and login information to a homebuyer who claims she was left in "shock" when an impostor with access to her lawyer's email tricked her into wiring away over $730,000.

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House Rejects Amendment To Fix Court At 9 Justices

By Courtney Bublé

The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

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Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

By Aneeta Mathur-Ashton

Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

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Tyson's Price-Fixing Deal Merits $27.5M Atty Fees, Buyers Say

By Dorothy Atkins

Beef direct purchasers asked a Minnesota federal judge Tuesday to award class counsel $27.5 million in fees, or one-third of Tyson's $82.5 million price-fixing settlement, arguing that the deal was reached after six years of hard-fought antitrust litigation and adds to another settlement, bringing the total recovery to $135 million.

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JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

By Jarek Rutz

JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

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ABA Outlines Attys' Duties To Clients With Intellectual Limits

By Jack Karp

Attorneys have the same obligations to clients with decision-making limitations, should abide by those clients' decisions regarding their representation and must work to maintain an ordinary client-lawyer relationship as much as possible, the American Bar Association said in an opinion released Wednesday.

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