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.

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'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."

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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.

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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.

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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.

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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."

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Calif. Bill Curbing PE Role In Litigation Heads To Newsom

By Lauren Berg

A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.

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Pillsbury Settles Ex-Recruiting Director's Pregnancy Bias Suit

By Grace Elletson

Pillsbury Winthrop Shaw Pittman LLP has settled a Black former director's suit claiming the law firm fired her weeks after she shared that she was pregnant and would need accommodations, according to a Tennessee federal court filing.

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DOJ Flags Breach Of Internal Policies In Apple Suit

By Bryan Koenig

The U.S. Department of Justice told a New Jersey federal judge Tuesday that its staffers breached internal policies when they shared personally identifiable information with an outside discovery vendor that was hired not by the department, but instead by the DOJ's state attorneys general partners, in the monopolization case against Apple.

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Prosecutors Say Goldstein Must Stay Behind Bars

By Jared Foretek

Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."

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Arizona Atty Reprimanded For Series Of AI Errors

By Matt Perez

An Arizona federal judge has formally reprimanded a lawyer who admitted to filing four briefs that contained errors including false quotes and a faulty case summary generated with artificial intelligence amid an employment discrimination suit, noting the lawyer previously faced sanctions on two separate occasions for violating court rules.

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House Committee Wants DOL IG To Widen Info-Sharing Probe

By Benjamin Morse

Top House Education and Workforce Committee Republicans urged the U.S. Department of Labor's watchdog Wednesday to expand its review of information-sharing arrangements with outside groups, asking whether three additional agencies improperly disclosed confidential investigative material during the Biden administration.

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