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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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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HSF Kramer Added To $1B King & Spalding Malpractice Suit

By Jack Karp

Herbert Smith Freehills Kramer LLP and several of its partners on Tuesday were added to a $1 billion legal malpractice suit against King & Spalding LLP alleging that the firms engaged in multiple schemes to enrich a lawyer's friend at the expense of investment firm White Oak Advisors.

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Fla. Bar Tosses Complaint Over DHS GC's 'Worst' Judge Posts

By Adrian Cruz

The Florida Bar has refused to investigate the general counsel of the U.S. Department of Homeland Security for potential ethics violations over his recent series of social media posts attacking sitting judges, citing a potential conflict with the authority of the federal government.

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Approach The Bench: Judge Rodriguez On The Uses Of AI

By Cara Bayles and Steven Trader

Today, Judge Xavier Rodriguez is known as an expert in electronic discovery and a proponent of artificial intelligence, but his interest was piqued before he joined the bench of the Western District of Texas in 2003, when he was still a lawyer and the methods for sifting through electronically stored information were still primitive.

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Judges Say Social Media, Political Rhetoric Endanger Them

By Adrian Cruz

Increased access to social media and personal data via the internet, a larger number of high-profile cases, and inflammatory comments made by politicians have led to a rise in violent threats against judges and concerns about their safety, according to a recently published report.

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5th Circ. Judge Hints Court Order With AI Errors Can't Stand

By Spencer Brewer

A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

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Ex-Warriors GC, DEI Exec Say Bias Complaints Led To Firings

By Lauren Berg

The Golden State Warriors' former associate general counsel and its former vice president of diversity, equity and inclusion allege they were unlawfully fired in retaliation for speaking up about enduring a workplace marked by gender and race-based discrimination.

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Brief

Barnes & Thornburg Says Ex-NBA Star Owes $1M Legal Fees

By Jonathan Capriel

Former NBA player Luol Deng is being sued for more than $1 million by a Chicago-based law firm that claims he failed to pay legal fees connected to two real estate matters, according to a suit filed in Illinois state court.

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Monthly Merger Review Snapshot

By Bryan Koenig

Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

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Roundup

The Top In-House Hires Of August

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Anthropic, Zillow and ConocoPhillips. Here, Law360 Pulse looks at some of the top in-house announcements from August.

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