Transportation

  • January 17, 2020

    Celadon Lands $14.5M Stalking Horse Deal For Trucking Co.

    Bankrupt trucking firm Celadon Group Inc. filed a proposed stalking horse deal worth $14.5 million Thursday in Delaware bankruptcy court that sets the floor bid for the upcoming Chapter 11 auction of its profitable Taylor Express assets being sold as a going concern.

  • January 17, 2020

    Tanenbaum Keale Snags Marshall Dennehey Partner In Pa.

    In a move that has helped push the firm into a more spacious set of Philadelphia-area offices, litigation boutique Tanenbaum Keale LLP has announced the hiring of a former Marshall Dennehey Warner Coleman & Goggin PC product liability partner.

  • January 17, 2020

    Petition Seeks Probe Into Tesla Cars' Sudden Acceleration

    The National Highway Traffic Safety Administration said it is looking into a petition asking the agency to investigate a claim that about a half-million Tesla Inc. vehicles are affected by a defect that causes sudden unintended acceleration.

  • January 17, 2020

    BREAKING: High Court To Weigh Ford’s Challenge To State Defect Suits

    The U.S. Supreme Court on Friday agreed to hear Ford’s challenge to two “capacious” decisions that allowed plaintiffs to bring defect suits in states where the auto giant says it does not have a sufficient connection.

  • January 17, 2020

    Boeing Max Pilots Can't Be Anonymous In Lost Wages Suits

    An Illinois federal judge ruled that international pilots can't anonymously sue Boeing for allegedly misrepresenting the safety of its 737 Max jets, ordering the pilots be unmasked before they can press ahead with consolidated litigation seeking lost wages from the grounded jets.

  • January 17, 2020

    Crypto Market Maker Sues Fr8 Token Issuer For $1.8M

    A global cryptocurrency market maker and an investor filed a $1.8 million lawsuit in New York federal court accusing Fr8 Network Inc. and two principals of fleecing them with a fraudulent token offering.

  • January 17, 2020

    US Chamber Wants To 'Neuter' Judges, Sens. Tell 1st Circ.

    Rhode Island and Massachusetts senators fired back against the U.S. Chamber of Commerce's arguments at the First Circuit that a climate change suit against Shell, ExxonMobil and other energy giants belongs in federal court, arguing that the chamber is self-interested and wants to "neuter the judicial branch" to benefit fossil fuel funders.

  • January 17, 2020

    FAA Properly Vetted Boeing Max Jets, Review Panel Finds

    The Federal Aviation Administration vetted Boeing's 737 Max jet according to rigorous aircraft certification procedures, a special review committee has said, suggesting any heavy-handed overhaul of the FAA's program could upend aviation safety.

  • January 17, 2020

    Law360's Tort Report: Meat Loaf’s Suit Out Of Hell

    A $24 million jury verdict in a suit over a newborn’s brain injury and singer Meat Loaf’s suit against Hyatt over a horror convention injury lead Law360’s Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    Boston Labor Atty Drops Out Of US Senate Race

    Shannon Liss-Riordan, a prominent plaintiffs-side employment lawyer who has pursued numerous high-profile class actions targeting companies like Uber and GrubHub, ended her campaign on Friday to unseat incumbent Massachusetts Sen. Ed Markey.

  • January 16, 2020

    Bridgegate's 'Commandeering Fraud' Is A Legal Neologism

    An attorney arguing the Bridgegate case before the U.S. Supreme Court coined the term "commandeering fraud" to describe what attorneys say is otherwise known as the "right to control" theory of wire fraud — a disputed doctrine that may play a role in the case's outcome.

  • January 16, 2020

    BART Not Liable For Robbery, Says Calif. Appeals Court

    A California state appeals court panel disagreed Wednesday with a woman's contention that Bay Area Rapid Transit had breached its duty to protect her from harm when she was robbed on a train platform in Oakland, California, affirming a trial court’s judgment that BART isn’t liable.

  • January 16, 2020

    11th Circ. Kills EMT's Harassment Suit Despite 'Unsavory' Acts

    The Eleventh Circuit on Thursday declined to revive an EMT’s suit alleging she was sexually harassed by her boss before being fired ostensibly for flirting with him, deeming her boss's alleged on-the-job behavior "unsavory and unpleasant" but insufficient to keep her case alive.

  • January 16, 2020

    2 States Accuse EPA Of Inaction Over Upwind Pollution

    New York and Connecticut told a federal court Thursday that the U.S. Environmental Protection Agency had ignored its obligation to impose ozone emissions reductions on certain states whose pollution makes it harder for areas that lie downwind to comply with the Clean Air Act.

  • January 16, 2020

    Wash. Top Court Limits Scope Of State GHG Emissions Cap

    Washington state's highest court on Thursday ruled in a split decision that the state can't cap greenhouse gas emissions from refiners and other oil and gas companies that sell products that produce GHGs, saying state law only allows regulation of entities that directly emit such emissions.

  • January 16, 2020

    Calif. Trucking Group Wins Injunction On Dynamex Law

    A California federal judge on Thursday blocked enforcement of a controversial Golden State law that raises the bar for legally classifying workers as independent contractors, agreeing with a trucking group that the law upends motor carrier operations and flies in the face of federal law.

  • January 16, 2020

    Calif. Supreme Court Takes 2nd Dynamex Retroactivity Case

    The California Supreme Court has agreed to hear another appeal asking whether its 2018 decision adopting a lower bar for proving employers misclassified workers as independent contractors applies retroactively.

  • January 16, 2020

    TSA Hit With Class Action For Seizing Man's Life Savings

    A Pittsburgh retiree and his daughter filed a proposed nationwide class action lawsuit against the Transportation Security Administration and the Drug Enforcement Administration Wednesday, arguing that the federal agencies violated their civil rights by seizing the family’s life savings as the daughter tried to take it through security at Pittsburgh International Airport.

  • January 16, 2020

    DOT To Launch 5.9 GHz Pilot Program Despite FCC Reorg

    The U.S. Department of Transportation announced a pilot program to connect emergency response vehicles to the 5.9 GHz auto-safety band, a move that coincides with the agency's fight to stop the Federal Communications Commission's planned spectrum reallocation in the band.

  • January 16, 2020

    Deals Rumor Mill: Albertsons, Springer Nature, DuPont

    Albertsons is considering an IPO that could value the U.S. grocery giant at about $19 billion, educational publishing company Springer Nature could be valued at as much as €8 billion in an IPO of its own, and DuPont is weighing options for its electronics business, including a potential sale. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 16, 2020

    Justices Told $7B Pipeline Can't Cross Appalachian Trail

    Conservation groups told the U.S. Supreme Court on Wednesday that the Appalachian National Scenic Trail is clearly part of the National Park System, which means the U.S. Forest Service didn't have the authority to grant developers of the $7 billion Atlantic Coast gas pipeline a right-of-way across the trail.

  • January 16, 2020

    Loosened NJ Towing Law Doesn't Nix Old Class Actions

    The New Jersey Supreme Court on Thursday said a change to state law that lets towing companies charge fees approved by a municipality instead of only those greenlit by a state official cannot be retroactively applied to allow two towing businesses to escape proposed class actions over their fees.

  • January 16, 2020

    GM Truck Emissions-Cheating Cases Consolidated In Mich.

    A Michigan federal judge has consolidated 26 suits into existing litigation alleging General Motors conspired with auto parts maker Robert Bosch LLC to install emissions-cheating devices in Silverado and Sierra trucks, saying the cases largely involve overlapping racketeering and fraud claims.

  • January 16, 2020

    Linklaters, DLA Piper Steer Hyundai’s $111M Electric Van Bet

    DLA Piper-steered Hyundai and Kia said Thursday they will invest €100 million ($111 million) in London-based electric vehicle startup Arrival, represented by Linklaters, as the automotive companies race to develop eco-friendly models for European markets.

Expert Analysis

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • Gov't Contractor Suspension And Debarment: 2019 In Review

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    Attorneys at Covington look back at last year's policy trends and developments, legislative and rulemaking activity, and notable federal district court rulings related to the exclusion of contractors from doing business with the federal government.

  • Autonomous Vehicle Guidance Gives Industry Room To Grow

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    The White House's recently updated guidance on the deployment of autonomous vehicles outlines broad principles for AV development, but does not identify best practices or create binding requirements, say attorneys at Akin Gump.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • Policy Push Yields Mixed Results For Biofuels Sector

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    Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

  • Defense Contracting Law Developments From 2019

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    Creation of the U.S. Space Force, initiatives to improve U.S. cybersecurity, and near record-high spending on government contracting were just a few of the most notable developments in U.S. Department of Defense contracting last year, says Joseph Berger of Thompson Hine.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • The Top FMLA And ADA Decisions Of 2019: Part 2

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    Linda Dwoskin and Melissa Squire at Dechert conclude their discussion of last year's most significant Family and Medical Leave Act and Americans with Disabilities Act decisions with a review of attendance point systems, safety-related job exclusions and FMLA fraud.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • The Top FMLA And ADA Decisions Of 2019: Part 1

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    In the first of two articles discussing last year’s most significant Family and Medical Leave Act and Americans with Disabilities Act decisions, Linda Dwoskin and Melissa Squire at Dechert review coverage for potential future disabilities, what constitutes sufficient notice of the need for leave, and working from home as a reasonable accommodation.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • Lessons For Calif. Health Payors From 2019 Filing Trends

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    Health care litigation filing trends from 2019 reveal some of the legal and legislative issues California health care payors can expect to remain prevalent in the coming year, say attorneys at Troutman Sanders.