Justices Urged To Probe Post-Mallory Forum-Shopping Flood

By Linda Chiem

Legal advocates said Thursday that the U.S. Supreme Court's 2023 Mallory ruling unleashed a wave of forum-shopping by plaintiffs lawyers using states' business-registration laws to sue out-of-state companies, and that the justices should take up the case again to stop litigants from unconstitutionally interfering with interstate commerce.

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Roundup

Injury Law Roundup: Freight Brokers, Uber Lose Key Cases

By Y. Peter Kang

The U.S. Supreme Court's green light of negligent hiring claims against freight brokers in highway crash cases and an adverse verdict against Uber in the sexual assault multidistrict litigation lead Law360's Injury Law Roundup.

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Feds Want More Info On Union-Pacific, Norfolk Southern Deal

By Bryan Koenig

Federal rail regulators paused their review of Union Pacific's proposed $85 billion purchase of Norfolk Southern, concluding Thursday that the railways need to further supplement their merger notification after going back to the drawing board earlier this year.

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Justices Say 'Last-Mile' Drivers Can Skip Arbitration

By Max Kutner

An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.

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Tesla Must Face Calif. Agency's Race Bias Fight In July Trial

By Dorothy Atkins

A California state judge has mostly rejected Tesla Inc.'s bid for a summary judgment win in the California Civil Rights Department's lawsuit alleging the electric-auto maker has allowed racism to run rampant at its Fremont factory, sending the high-stakes civil rights dispute to a July 20 jury trial.

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6th Circ. Nixes Aircraft Co.'s $39M Excise Tax

By Kat Lucero

A fractional jet company is not liable for a $39 million air transportation excise tax because the levy applies only to its usage charges for each flight, not the fixed costs for management and operations, the Sixth Circuit ruled.

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Aerospace Co. Must Pay $2M In Network System Contract Trial

By Elliot Weld

A Texas federal judge has entered a final judgment ordering aerospace manufacturer Cabin Management Solutions Inc. to pay nearly $2 million to an audio-video network transmission company that accused it of reneging on a negotiated fee for the use of a signal transmission system.

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Spirit Seeks Bonuses To Keep Top Brass Through Wind-Down

By Ben Zigterman

Spirit Airlines has asked a New York bankruptcy judge to approve an incentive program aimed at keeping its CEO, general counsel and vice president of special projects employed while the carrier winds down.

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Ex-Southwest HR Worker Alleges Race Bias, Retaliatory Firing

By Celeste Bott

A former Southwest Airlines employee has sued the airline in Illinois state court, claiming that her supervisor harassed her because of her race and that she was ultimately fired for reporting that disparate treatment, which included departures from standard discipline and various tasks she was expected to perform that her white colleagues were not.

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Tesla Tumbler Targeted In New MiiR Patent, Trade Dress Suit

By Rachel Riley

Stainless-steel drinkware manufacturer MiiR launched a patent and trade dress infringement lawsuit in Washington federal court on Thursday accusing Tesla of stealing its slim, cylindrical mug and lid design for the electric vehicle maker's "On The Road Tumbler."

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11th Circ. Says Damages Caps Misconstrued In Bias Verdict

By Cara Salvatore

The Eleventh Circuit ruled on Thursday that a discrimination verdict against a Miami car dealership was slashed too far when a judge chose between federal and state damages caps, saying the caps should be added together.

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FCA Seeks High Court Review Of 9th Circ. Arbitration Loss

By Caroline Simson

Fiat Chrysler will ask the U.S. Supreme Court to review a Ninth Circuit decision refusing to send a class action over allegedly defective Jeep and Dodge headrests to arbitration, saying the justices must resolve whether a court or an arbitrator determines if a nonsignatory can enforce an arbitration clause.

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Feds Say Canadian Co.'s Auto Devices Violate Emissions Law

By Ganesh Setty

The federal government has accused a Canadian automotive accessory retailer in Washington federal court of selling certain aftermarket products designed to boost vehicle performance by bypassing existing vehicle systems meant to ensure a vehicle satisfies federal emissions standards.

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5 AI Cos. Sued Over Neural Network Patent In Delaware

By Elliot Weld

Five companies developing various transcription, speech-to-text and customer experience products with artificial intelligence are facing lawsuits brought by an entity alleging they infringed a patent covering neural networks.

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Mackinac Ferry Cos. Seek Sanctions In Deposition Fight

By Melanie Dorsey

Ferry companies suing a northern Michigan resort island say the city is improperly trying to cancel upcoming depositions of its mayor and council members without a court order, accusing it of using a last-minute protective order motion as a delay tactic. 

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Series

Studying Foreign Languages Makes Me A Better Lawyer

Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

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Brief

Davis Polk Adds A&O Shearman Antitrust Partner In NY

By Andrea Keckley

Davis Polk & Wardwell LLP has hired a former A&O Shearman partner, who joined its antitrust and competition practice in New York.

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Bonus Spotlight

Selendy Gay Doles Out Spring Associate Bonuses

By Aebra Coe

New York litigation boutique Selendy Gay PLLC paid its associates spring bonuses of as much as $25,000 this week, according to the firm.

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Ex-Calif. Appellate Judge To Take Over As Law School Dean

By Rose Krebs

A former California appellate justice, who was the first Muslim to serve as a Court of Appeal justice in the U.S., has been named Western State College of Law at Westcliff University's next dean.

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Dems Say DOJ Blocked Bondi On Trump Questions

By Courtney Bublé

Democrats were incensed on Friday that the U.S. Department of Justice attorneys who accompanied former Attorney General Pam Bondi to her committee interview stopped her from answering questions about President Donald Trump.

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Civil Rights Icon Clarence B. Jones Dies At 95

By Andrea Keckley

Civil rights icon Clarence B. Jones, a speechwriter and personal attorney to Martin Luther King Jr., died May 22 at an assisted living facility in the Santa Clara County city of Cupertino, California, his family confirmed earlier this week. He was 95.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen the billionaire who donated £5 million ($6.7 million) to Nigel Farage sue Ben Habib, the leader of far-right party Advance UK, for defamation; Mashreqbank bring claims against three subsidiaries of dissolved private equity giant Abraaj Group for commercial fraud; and the property and investment vehicle of the State of Kuwait be targeted by four real estate figures who filed a miscellaneous claim. Here, Law360 looks at these and other new claims in the U.K.

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Titan Of The Plaintiffs Bar: Boies Schiller's Matthew Schwartz

By Sarah Jarvis

Matthew L. Schwartz oscillated among many career aspirations as a kid, from astronaut to mayor of New York. When it was time to head off to college, the man who would go on to handle the prosecution of employees tied to Bernie Madoff and become chair of Boies Schiller Flexner LLP set his sights on science, earning an undergraduate degree in physics.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Hogan Lovells and Watkins & Eager PLLC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief.

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DLA Piper Hires Real Estate, Construction Partner In Seattle

By Nate Beck

DLA Piper said it has added a Seattle-based real estate partner with experience advising a range of construction projects including data centers, mixed-use projects, schools and renewable energy facilities.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Kirkland & Ellis says it's investing a half billion dollars into developing its own artificial intelligence platform to better serve clients. And Law360 looks at the general counsel who is guiding BP through its latest leadership crisis after the company abruptly dismissed its board chair.

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Baker McKenzie Asks Judge Not To Toss Suit Against Ex-Atty

By Alison Knezevich

A lawyer for Baker McKenzie on Friday urged a Washington, D.C., judge not to dismiss the BigLaw firm's defamation suit against a former tax associate who accused a firm office leader of sexual assault, telling the court the accusations were false and made with "malice."

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Fla. Panel Revives Firm's Suit Over Tobacco Case Referrals

By David Minsky

A Florida state appellate court revived a law firm's complaint alleging tortious interference against a widow over a contingency fee agreement involving tobacco injury case referrals, finding that the lower court wrongly tossed the lawsuit based on extraneous information even though there was sufficient evidence to support a claim.

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NY Judge Doubts Nussbaum-Linked Firms Belong In Ch. 11

By Emily Lever

A New York bankruptcy judge on Friday questioned whether his court was the proper venue to wind down two commercial real estate law firms headed by Mark J. Nussbaum as the debtors sought to ditch an assignment for the benefit of creditors process in New York state court.

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Trump Urges 3rd Circ. To Reverse 'Bizarre' Anti-SLAPP Loss

By Dorothy Atkins

President Donald Trump urged the Third Circuit on Thursday to find a Pennsylvania anti-SLAPP statute shields him from the Central Park Five's defamation claims, slamming the lower court's "truly bizarre" ruling in an opening brief filed the same day a DLA Piper partner and others joined Trump's defense team.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal

By Dorothy Atkins

The Ninth Circuit on Thursday ordered an importer's Akin Gump Strauss Hauer & Feld LLP attorneys to pay a European winemaker fees for having to defend against the importer's "spurious objections" to the winemaker's valid arbitral award, ruling that the importer's "self-indulgent" appeal warrants sanctions in the form of fees.

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Colo. Appeals Court Bars One-Way Fees In Eviction Cures

By Zach Dupont

A Colorado Court of Appeals panel on Thursday reversed the dismissal of a proposed class action against a group of landlords, Tschetter Sulzer PC and the Colorado Apartment Association accusing the collective of illegally extracting attorney fees from tenants during eviction proceedings.

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Double Shooting Renews Courthouse Safety Fears In NC

By Hayley Fowler

The shooting of two Fox Rothschild LLP attorneys outside a courthouse in Raleigh, North Carolina, ahead of Memorial Day weekend has renewed calls to protect the safety of judges and lawyers in an increasingly volatile justice system.

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Calif. Panel Reverses Order For Citing Atty's Bogus Case Law

By Dorothy Atkins

A California appellate panel on Thursday reversed a judgment in favor of a man accused of abusing his son, finding that "without doubt" the trial judge abused her discretion by incorporating the man's bogus legal citations into her ruling, despite being alerted to the mistakes in advance.

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