Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.
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TOP NEWS

Hyundai Loses 9th Circ. Bid To Arbitrate Palisade Liability Suit

By Jonathan Capriel

Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.

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House Panels Advance Aviation Safety Bill After DCA Collision

By Linda Chiem

Two House committees advanced legislation Thursday that would mandate aircraft-tracking and collision-avoidance technology in some aircraft, and reinforce Federal Aviation Administration and military training and operational procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.

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Southwest Can't Fly Past Workers' Retirement Plan Suit

By José Luis Martínez

Southwest Airlines Co. retirement plan beneficiaries pleaded sufficient facts to state claims for breach of fiduciary duty and for failure to monitor in alleging that the company and its executives failed to remove an underperforming fund that lagged its benchmark, a Texas federal judge ruled this week.

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BNSF Wins Arbitration For Some Missouri Crash Claims

By Caroline Simson

Passengers suing BNSF Railway over a deadly train derailment in Missouri should arbitrate their claims, a federal judge ordered Thursday, rejecting arguments that an arbitrator lacked the authority to determine the constitutionality of an underlying arbitration clause.

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'I Don't Know': 9th Circ. Presses Verrilli On Boeing Venue Issue

By Rachel Riley

A Ninth Circuit judge rehearing an appeal involving a $72 million trade secret verdict against Boeing on Thursday pressed the company's counsel Donald B. Verrilli Jr. of Munger Tolles & Olson LLP to explain why the aerospace giant never previously argued the case belongs in the Federal Circuit, and Verrilli conceded he didn't know the reason.

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AUTOMOTIVE

Judge Lends Ear To Audi's Caesar Analogy To End Patent Suit

By Craig Clough

A Michigan federal judge on Thursday dismissed a lawsuit accusing Audi of infringing a patent for location-tracking technology, drawing on its analogy of Julius Caesar crossing the Rubicon to find that the patent describes an abstract idea ineligible for protection under the Alice precedent.

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SUPPLY CHAIN

Antitrust Leaders Say Lobbyists Don't Impact Outcomes

By Matthew Perlman

The leaders of the Federal Trade Commission and U.S. Department of Justice's Antitrust Division said Thursday that companies can lobby the agencies all they want, but enforcers will still make merger and conduct decisions based on the facts and the law.

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FTC Antitrust Head Cites Acquihire 'Tension' With Deal Rule

By Bryan Koenig

The Federal Trade Commission's top antitrust official said Thursday that so-called reverse acquihires appear designed solely to avoid merger reporting requirements, while noting that competition enforcers continue to scrutinize the deals that are newly popular in Silicon Valley, especially in the artificial intelligence space.

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INFRASTRUCTURE

Panel Says Co. Can't Recoup Extra Costs In DOT Contract

By Ganesh Setty

The Civilian Board of Contract Appeals has said a contractor can't recover roughly $800,000 in excavation and backfill costs under a U.S. Department of Transportation retaining wall contract, noting it didn't include such underlying quantities in its bid.

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Enviros To Sue Over Timber Project At Flathead Nat'l Forest

By Joyce Hanson

Two environmental nonprofits have notified the Trump administration they will bring a lawsuit against the government over the recently approved West Reservoir timber project at Flathead National Forest, alleging new road building could harm protected wildlife.

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INSURANCE

Insurer's Fake-Adjuster Suit Is Time-Barred, Court Says

By Gianna Ferrarin

An insurer missed its chance to file negligence claims against a man it alleged illegally represented himself as an adjuster to demand nearly $48 million on behalf of a transportation agency for damage from Hurricane Maria, a Puerto Rico federal court ruled Thursday.

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ENERGY

Brief

Exxon Settles Suit Over Cleanup Of Seattle Gas Station Site

By Ben Adlin

Exxon Mobil Corp. has reached a settlement with a Seattle property owner who sought to hold the company liable for cleanup costs at the site of a former gas station, according to a motion approved Thursday by a Washington federal judge.

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EXPERT ANALYSIS

Opinion

AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

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Assessing Potential Legal Claims From Private Credit Turmoil

Amid the downturn in the private credit markets spurred by multiple high-profile bankruptcies, a New York lawsuit stemming from the collapse of First Brands provides an important case study for investors to help minimize future losses and maximize any potential recovery in the event of a private credit default, say attorneys at Bleichmar Fonti.

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LEGAL INDUSTRY

White & Case Staffer Sues Firm Over Nude Photo Ridicule

By Dorothy Atkins

A White & Case LLP staffer sued the law firm in New York state court Wednesday, alleging the firm's purported "hostile work environment" shielded his colleagues after they allegedly shared nude photos of him, which he claims were taken by his supervisor while he was unconscious at a firm-sponsored party.

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Akin Must Explain Client's 'Self-Indulgent' 9th Circ. Appeal

By Lauren Berg

Upholding a foreign arbitration award against a wine importer, the Ninth Circuit on Thursday ordered its attorneys at Akin Gump Strauss Hauer & Feld LLP to explain why they and their client shouldn't pay their opponent's attorney fees for bringing a "frivolous" and "self-indulgent" appeal.

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Troutman, Former Associate Fight Over Scope Of Bias Trial

By Emily Sawicki

Weeks ahead of an anticipated May trial over discrimination and retaliation claims brought by a former Troutman Pepper Hamilton Sanders LLP associate, the firm and its onetime employee are sparring over the scope of evidence that may be presented at trial.

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Maduro Judge Hints US Should Reconsider Legal Fee Refusal

By Pete Brush

A Manhattan federal judge suggested Thursday that the Trump administration should revisit its refusal to allow former Venezuelan President Nicolás Maduro to access his country's funds to pay for his defense against narco-terrorism and trafficking charges.

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Bill To Give Admin More Control Over US Attys Advances

By Courtney Bublé

A Republican-led bill that would give the executive branch more authority over the installation of U.S. attorneys was advanced out of a House committee Thursday.

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Promo that reads 2025 Practice Groups of the Year

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Air Transport Association of America

American Airlines Group Inc.

Audi AG

BNSF Railway Co.

Blackstone Inc.

Blue Owl Capital Inc.

CBS Corp.

Danner Inc.

Earthjustice

Exxon Mobil Corp.

FGS Global Inc.

First Brands Group

Fitch Ratings Ltd.

Fort Point Capital

Found

Glencore PLC

Hewlett Packard Enterprise Co.

Hyundai Motor Co.

Jefferies Financial Group Inc.

Juniper Networks Inc.

Live Nation Entertainment Inc.

MAPFRE SA

Macquarie Group Ltd.

Neuberger Berman Group LLC

OnStar LLC

PSA Airlines Inc.

Samsara Inc.

Southwest Airlines Co.

Stolt-Nielsen SA

Tesla Inc.

The Boeing Co.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Bleichmar Fonti

Center for Constitutional Litigation

Crowell & Moring

DTO Law

Davis Bethune

Eisenberg & Baum

Finnegan

Gibson Dunn

Harris St. Laurent

Holwell Shuster

Hueston Hennigan

Landman Corsi

Lemberg Law

Littler Mendelson

Lucosky Brookman

Morgan Lewis

Munger Tolles

Parker & Sanchez

Perkins Coie

Ramey LLP

Sanford Heisler

Scharnhorst Ast

Seyfarth Shaw

Troutman

White & Case

Wigdor LLP

GOVERNMENT AGENCIES IN TODAY'S NEWS

City of New York

Federal Aviation Administration

Federal Trade Commission

Fish and Wildlife Service

International Monetary Fund

National Railroad Passenger Corp.

National Transportation Safety Board

New York Supreme Court, New York County

Office of Foreign Assets Control

U.S. Army

U.S. Attorney's Office

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

U.S. Civilian Board of Contract Appeals

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Agriculture

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Puerto Rico

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

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

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

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

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

U.S. Senate

U.S. Supreme Court

United Nations