Transportation

  • April 09, 2020

    NLRB's Top Cop Says Boeing Meddled In SC Plant Union Drive

    The National Labor Relations Board's general counsel on Thursday accused Boeing of firing pro-union workers in the runup to a closely watched election at a South Carolina facility, issuing a complaint that consolidated more than a dozen unfair labor practice charges against the aerospace giant.

  • April 09, 2020

    UK, DOJ Pursue Bids To Block $360M Sabre-Farelogix Merger

    British competition authorities and the U.S. Department of Justice are moving forward with separate challenges to the $360 proposed merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 09, 2020

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

    The past week in London has seen a major Portuguese bank join the queue of lenders suing Mozambique in the wake of a $2 billion fraud scandal. Russia's sovereign wealth fund target another news outlet over coverage and BP add to the legal woes for its rival Glencore. Here, Law360 looks at those and other new claims in the U.K.

  • April 08, 2020

    Lieff Cabraser Joins COVID-19 Cruise War With Carnival Suit

    Lieff Cabraser Heimann & Bernstein LLP brought a fresh California federal lawsuit against Carnival Corp. on Wednesday on behalf of a group of passengers alleging the company allowed them to board the Grand Princess ship despite knowing passengers from the previous voyage were suffering from coronavirus symptoms.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Ex-BigLaw Attys' Patent Firm Resolves Suit Against Lyft

    A patent-licensing company founded by former WilmerHale and Kirkland & Ellis LLP partners said Wednesday it has resolved a dispute with Lyft over methods of routing ride-sharing traffic.

  • April 08, 2020

    Jaguar, Bentley Say Pandemic Warrants Pushing Oct. IP Trial

    Jaguar Land Rover Ltd. and Bentley Motors Ltd. on Tuesday asked a Virginia federal judge to postpone an October trial in their dispute over a Jaguar vehicle control patent because of the coronavirus pandemic, with Bentley saying attorneys at the firm representing it have been hospitalized.

  • April 08, 2020

    9th Circ. Rejects Ex-TSA Worker's Appeal In Termination Suit

    The Ninth Circuit on Wednesday turned away a former Transportation Security Administration worker’s attempt to revive her claim that the agency flouted the Rehabilitation Act by letting her go, saying it lacked jurisdiction because a lower court wasn’t involved in the voluntary dismissal of her other claims.

  • April 08, 2020

    South Korea Co. Will Pay $2M Under DOJ Antitrust Deal

    The U.S. Department of Justice announced a civil settlement Wednesday with Seoul-based Jier Shin Korea Co. Ltd., the last of several with South Korean companies who were accused of rigging bids and fixing prices on U.S. military fuel supply contracts in the country.

  • April 08, 2020

    Fla. Judge DQ'd From Publix Fatal Auto Crash Suit For Bias

    A Florida appeals court on Wednesday removed a judge from a suit accusing a Publix big-rig driver of causing a fatal auto collision while using a cellphone, saying the judge's comments at a hearing showed "disdain" for the company's legal position and its corporate policy on drivers' cellphone use.

  • April 08, 2020

    6th Circ. Grounds Muslim Flight Attendant's Booze Sale Suit

    An ExpressJet Airlines LLC flight attendant whose Muslim beliefs bar her from serving alcohol can't sue the company for refusing to let her stop selling booze because her claim falls under a collective bargaining agreement that can only be interpreted by an arbitrator, the Sixth Circuit said Wednesday.

  • April 08, 2020

    DOT Finalizes COVID-19 Airline Flight Restrictions Rule

    The U.S. Department of Transportation said Tuesday that airlines accepting federal coronavirus relief funds must maintain a certain number of flights to various U.S. cities, giving smaller carriers some leeway from the requirements, while also establishing a process for exemptions.

  • April 08, 2020

    GM, Philips Getting $1.1B For Coronavirus Ventilators

    The U.S. Department of Health and Human Services on Wednesday announced $1.1 billion in contracts under a wartime production law for GM and Philips to build more than 70,000 ventilators, a vital medical device for the most seriously ill coronavirus patients.

  • April 08, 2020

    Miss. Choctaws Claim Immunity In $1.4M Car Crash Suit

    The Mississippi Band of Choctaw Indians is immune to a negligence claim stemming from allegations that one of its former Parks and Wildlife staffers crashed into a man's vehicle and caused $1.4 million in damages, the tribe said in a motion to dismiss.

  • April 08, 2020

    Ill. City Is Immune From Some Claims In Train Crash Suit

    An Illinois appellate court has held that the city of Vandalia is mostly immune from claims of negligence made in a lawsuit sparked by a grisly train accident, and has reversed a lower court that had denied the city's dismissal bid after finding it can lean on liability protections stemming from its status as a municipality.

  • April 08, 2020

    Full 10th Circ. Won't Rethink Holding Refiners To Biofuel Regs

    The Tenth Circuit won’t reconsider its decision to junk exemptions the U.S. Environmental Protection Agency granted to three refineries that temporarily absolved them from having to blend renewable fuels into their products.

  • April 08, 2020

    Port Of LA, Union Accused Of Forcing Out Developer

    The Port of Los Angeles, its director and the union representing dockworkers there were sued in California federal court by a company alleging that its contract to develop and improve certain port infrastructure was terminated due to pressure from organized labor.

  • April 08, 2020

    Alaska Air Pilot Seeks Green Light For Military Bias Class

    An Alaska Airlines pilot who served as a U.S. Air Force reservist urged a Washington federal judge to let him move forward with a class action claiming hundreds of pilots were unlawfully denied accrued vacation or sick time while out on military assignments.

  • April 08, 2020

    FERC Tells 2nd Circ. NY Missed Year Deadline In CWA Review

    The Federal Energy Regulatory Commission has told the Second Circuit that when New York environmental regulators waited more than a year to deny a Clean Water Act permit for a roughly $500 million natural gas pipeline project, the state violated a “bright line” time limit to act.

  • April 08, 2020

    Workers Claim GE Owed Unused Vacation Pay In Wabtec Sale

    General Electric Corp. owes former GE Transportation workers unused vacation pay that should have been cashed out when their division was sold to Wabtec Corp. in 2019, according to a proposed class action filed in Pennsylvania state court.

  • April 08, 2020

    DOJ Loses Bid To Block $360M Sabre-Farelogix Merger

    Pointing to “simply unpersuasive” testimony by a key government expert, a federal judge in Delaware has rejected the Justice Department’s Clayton Act suit to block a $360 million merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 07, 2020

    Suit Faults Carnival Unit For 'Ticking Coronavirus Time Bomb'

    Carnival-owned Costa Cruises was hit with a putative class action Tuesday in Florida federal court alleging it negligently allowed the Costa Luminosa to sail knowing a previous passenger showed symptoms of COVID-19, resulting in 2,000 passengers getting on board a "ticking coronavirus time bomb."

  • April 07, 2020

    Calif. Lyft Drivers Lose Employee Status Bid Amid Outbreak

    A California federal judge on Tuesday rejected a bid by Lyft Inc. drivers to immediately classify them as employees eligible for sick leave amid the coronavirus pandemic and sent the case to arbitration, while the company argued that a similar effort underway in Massachusetts could jeopardize drivers' rights to generous benefits flowing from federal relief legislation.

  • April 07, 2020

    United, Delta Pilots Ask Calif. Justices For Wage Rights

    United and Delta pilots asked the California Supreme Court on Tuesday to find the state's labor code and minimum wage laws apply to them, regardless of how long they work out of state, while the companies argued the workers spend most of their time in federal airspace and can't be subject to the state laws.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

Expert Analysis

  • Pandemic May Spur Better Protection For Auto Supply Chains

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    In response to COVID-19's impact on the automotive market and supply chain, suppliers should quickly develop and implement risk management strategies focusing on business continuity, but may also need to rethink the entire supply chain model, from sourcing of raw materials to production of finished products, say attorneys at Squire Patton.

  • Ghosn Flight Shows Need For Extradition Treaty Cooperation

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    Ex-Nissan CEO Carlos Ghosn's escape from financial misconduct charges in Japan demonstrates the importance of governments working together to shore up extradition treaties, provide resources to Interpol, and support cross-border enforcement, say Tai-Heng Cheng and Ariel Atlas at Sidley.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • Opinion

    Calif. Auto Defect Law Incentivizes Overlitigation

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    California’s lemon law was meant to help consumers obtain quick resolution for serious vehicle defects, but plaintiffs attorneys appear to be taking advantage of the fee-shifting provisions of the law to generate large windfalls for themselves, says Kyla Christoffersen Powell, president of the Civil Justice Association of California.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • 7 Ways COVID-19 Product Makers Can Mitigate IP Infringement

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    When a manufacturer retools its facilities to produce products needed to combat COVID-19, the risk of patent infringement liability — including the possibility of enhanced damages due to willful infringement — can be mitigated through a variety of strategies, say attorneys at Crowell & Moring.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • D&O Insurance Tips For Coronavirus-Related Claims

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    Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

  • False Ad Considerations In The Time Of COVID-19

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    Companies in the travel, entertainment and hospitality sectors, among others, can and should address coronavirus concerns in their marketing, but they need to ensure they are not making representations they cannot support, say Mike Rounds and Alissa Gardenswartz at Brownstein Hyatt.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

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