Transportation

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    Evenflo Escapes Deceptive Marketing Booster Seat MDL

    A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.

  • January 27, 2022

    Walmart Seeks Toss Of Suit Over Crash That Killed Girl Scouts

    Walmart Inc. urged a California federal court to dismiss a lawsuit over the deaths of two Wisconsin Girl Scouts and one of their mothers who were run over by a pickup-truck driver high on Ultra Duster, accusing the victims' families of a "blatant act of forum shopping."

  • January 27, 2022

    11th Circ. Upholds Geico's Win In $1M Crash Coverage Fight

    The Eleventh Circuit sealed Geico's summary judgment win in a $1 million dispute over coverage for a car crash after it found that the insurer's policyholders didn't buy uninsured motorist insurance.

  • January 27, 2022

    5 Breyer Opinions In Auto, Trucking Preemption Battles

    After more than 27 years on the bench, U.S. Supreme Court Justice Stephen Breyer has left an indelible mark in areas including consumer protection and product liability, penning decisions clarifying the scope of federal preemption with important implications for the transportation industry.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    2nd Circ. Says Grocer Doesn't Owe $58M To Union Fund

    The Second Circuit on Thursday upheld a lower court ruling that a wholesale grocer was not responsible for a $58 million payment to a Teamsters pension fund, ruling the grocer wasn't a successor to the now-bankrupt company that operated the warehouse where the union members worked.

  • January 27, 2022

    Real Estate Rumors: Lennar, Jubao Xie, Calmwater Capital

    Lennar Homes has reportedly dropped $22.5 million on 25.3 acres in South Florida, developer Jubao Xie is said to be seeking $187 million with the sale of the world's tallest Holiday Inn and Calmwater Capital is said to have loaned $34 million for a Queens, New York, warehouse.

  • January 27, 2022

    Aeromexico Strikes $40M Deal With Creditors On Ch. 11 Plan

    Airline Grupo Aeromexico on Thursday began the confirmation hearing for its Chapter 11 plan by telling a New York bankruptcy judge that it had reached a $40 million settlement of objections to the plan raised by unsecured creditors.

  • January 27, 2022

    Lyft Judge Rips 'Ridiculous' AGIS Bid To Kick IP Suit To Texas

    A California federal judge said Thursday she'll toss Lyft's suit seeking a declaration that its app doesn't infringe AGIS Software's five patents, but she said Lyft could conduct discovery and amend the suit, and slammed as "ridiculous" AGIS' bid to move the fight to Texas.

  • January 27, 2022

    Customer Drops Claims Uber Eats Overcharged Sales Tax

    A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.

  • January 27, 2022

    4 Firms Rep As Satellite Biz D-Orbit Goes Public In $1.3B Deal

    Italian satellite launch business D-Orbit SpA said Thursday it's going public by merging with blank-check company Breeze Holdings Acquisition Corp. in a deal with an enterprise value of $1.28 billion and that was led by four law firms, including K&L Gates LLP and Woolery & Co. PLLC.

  • January 27, 2022

    11th Circ. Won't Undo Royal Caribbean's Ice Skating Suit Win

    The Eleventh Circuit has upheld a bench trial win for Royal Caribbean Cruises Ltd. in a suit alleging its lack of rules against skating backward led to a Canadian woman breaking her leg when someone collided with her while ice skating.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    CIT Judge Prods Feds On $74M Tariff Refund Refusal

    An importer fighting to recoup $74 million in tariffs appeared to sway the U.S. Court of International Trade against the government's jurisdictional arguments Wednesday, with Judge Timothy M. Reif questioning why the agency would refuse to apply a refund process it created.

  • January 26, 2022

    FedEx Investor Urges Del. Justices To Reverse Chancery Toss

    A FedEx Corp. stockholder who sued the company's board for failure to respond to illegal cigarette shipments tried to convince Delaware's Supreme Court Wednesday to reverse the dismissal of her case, saying the Chancery Court erred by repeatedly giving benefit of the doubt to the company instead of shareholders.

  • January 26, 2022

    4 Cruise Lines Oppose Jury Demand In Havana Docks Case

    Four major cruise lines have asked a Florida federal court to refuse a former Cuban port owner's demand for a jury trial in its case claiming they violated federal law by docking ships in Havana, saying a magistrate judge wrongly recommended that the jury demand is viable.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    DC Circ. Backs FERC In Phillips 66 Pipeline Access Fight

    The D.C. Circuit Court sided with the Federal Energy Regulatory Commission, finding that it had properly rejected a propane supplier's claims that Phillips 66 Co. was unlawfully denying the supplier access to its 688-mile Blue Line pipeline.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Courier Service Spent Workers' 401(k) Funds, DOL Says

    The U.S. Department of Labor sued a New York bike messaging service Wednesday, claiming the company looted employees' 401(k) funds to pay everyday expenses and shirked its obligation to match employees' plan contributions.

  • January 26, 2022

    Let Plaintiffs Outside Pa. Into FedEx Wage Suit, 3rd Circ. Told

    Former FedEx security specialists urged the Third Circuit to undo a Pennsylvania federal court's exclusion of claims by out-of-state plaintiffs in a collective wage action alleging overtime pay violations, arguing Wednesday that the ruling undermines the streamlined litigation mechanism of federal labor law.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Get Ready For Likely New Sanctions Against Russia

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    ​New sanctions against Russia​ ​will be a likely reaction to the military situation in Ukraine, so compliance professionals should review​ ​their current relationships and learn common red flags associated with Russian state-owned enterprises, oligarchs and senior officials, say Daniel Chirlin at Walden Macht, David Tannenbaum at Blackstone Compliance and Serge Masters at SDM.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Rebuttal

    Trucking Cos. Need Stronger Insurance To Protect Public

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    A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

  • Series

    Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • Make-Whole Claim Lessons From Hertz Bankruptcy Ruling

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    After the Delaware bankruptcy court's recent decision in Wells Fargo v. Hertz, courts may continue to hear the assertion that early payoff premiums constitute unmatured interest, which could shape best practices in formulating make-whole clauses to avoid such arguments, say attorneys at Mayer Brown.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Import Best Practices Under New Uyghur Forced Labor Law

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    Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • Aviation Watch: Resolving The FAA-FCC Fight Over 5G

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    Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

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