Transportation

  • May 13, 2021

    4th Circ. Undoes $2.75M Ford Airbag Wrongful Death Verdict

    The Fourth Circuit on Thursday vacated a $2.75 million judgment against Ford Motor Co. in a wrongful death suit alleging that a defective airbag exacerbated a driver's injuries and led to his suicide more than a year later, finding the trial court had misapplied South Carolina law in the trial.

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    Life Sciences Real Estate Boom May Outlast Logistics Rush

    While the rapid growth of e-commerce has generated much buzz around a robust logistics property market as retailers gobble up distribution space, life sciences real estate is also booming, and experts say the sector has the potential to outlast logistics and remain attractive for some time. Here are three things to watch amid the life sciences boom.

  • May 13, 2021

    EEOC Urges 5th Circ. To Jumpstart Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit that a district court judge was wrong to put the kibosh on a construction worker's retaliation suit, saying the appeals court had relied on faulty precedent that was at odds with the nation's highest court.

  • May 13, 2021

    4th Circ. Snuffs Suit Over Maryland Purple Line Water Permit

    The Fourth Circuit on Thursday rejected a suit from Maryland residents alleging the U.S. Army Corps of Engineers failed to vet project alternatives that would have been less damaging to local waterways when it issued a Clean Water Act permit for the Purple Line rail extension.

  • May 13, 2021

    San Juan Pilots Group Wants Out Of $9M Port Crash Suit

    A Puerto Rico pilots group is asking to be set free from a suit in the island's federal court stemming from the February 2019 crash of a Norwegian Cruise Line ship that caused $9 million in damage to a port in San Juan, saying it cannot be held liable for the actions of one of its members.

  • May 12, 2021

    Jenner & Block Partner Appointed To Monitor UAW Deal

    A Michigan federal judge on Wednesday granted the government's unopposed motion to appoint Jenner & Block LLP partner Neil Barofsky as an independent monitor to help carry out a consent decree that ended a sprawling probe into the United Auto Workers union.

  • May 12, 2021

    Pascua Yaqui Leads Tribes Seeking Trump-Era CWA Reversal

    The Pascua Yaqui Tribe and five other Native American tribes have urged an Arizona federal judge to vacate a Trump-era definition of the Clean Water Act without trial, saying that protecting fewer bodies of water runs contrary to the law's original intent.

  • May 12, 2021

    FAA Can't Dodge Racial Discrimination Suit Over Hiring

    The U.S. Department of Transportation must face a Civil Rights Act suit over the Federal Aviation Administration's Obama-era changes to its air traffic controller job application process, a D.C. federal judge held Wednesday, denying the department's bid to partially toss the suit.

  • May 12, 2021

    NLRB Says Acting GC Could Drop Case Against Teamsters

    A food distributor cannot challenge a National Labor Relations Board prosecutor's decision to drop litigation accusing two Teamsters locals of violating federal labor law, the board has ruled, saying the case was not so far along that the prosecutor did not have authority to withdraw it.

  • May 12, 2021

    Calif. Court Mostly Denies Bid For Tesla Plant Worker Data

    A Tesla contractor has mostly escaped whistleblowers' demands for visa records identifying allegedly trafficked migrant workers, after a California federal judge ruled that the company wasn't required to turn over everything in its possession under a settlement agreement.

  • May 12, 2021

    Chinese Tire Cos. Ask Fed. Circ. To Peel Back Steep Duties

    Chinese companies urged the Federal Circuit to pull back steep anti-dumping duties on certain tires, saying the rates, which the U.S. Department of Commerce issued against dozens of companies' imports, were based on one business's "aberrational" importing activity.

  • May 12, 2021

    Flyers Elevate Merger Case From Bankruptcy To District Court

    Customers in a long-running challenge to the merger of American Airlines and US Airways have asked a New York district court to revive their case after losing a rare bench trial in bankruptcy court on their antitrust claims, contending the bankruptcy judge ignored key precedent.

  • May 12, 2021

    American Airlines Tries Again To Shake Biometric Class Suit

    American Airlines has told an Illinois federal judge that courts lack jurisdiction over biometric privacy complaints against a unionized airline, saying all state law claims are preempted by collective bargaining agreements under the Railway Labor Act.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    BMW Germany Can't Duck Emissions Suit, But Bosch Can

    A New Jersey federal judge has kept alive claims against BMW's German parent company in a proposed class action alleging BMW collaborated with car parts maker Bosch to rig certain vehicles with emissions-cheating software but allowed Bosch's German parent company to escape the litigation.

  • May 12, 2021

    Watchdog Says EPA Issues Jeopardize Pollution Enforcement

    The U.S. Environmental Protection Agency continues to struggle with staffing and safety concerns that threaten the agency's ability to keep the nation's air and water clean by holding criminal polluters accountable, a new inspector general report released Wednesday said.

  • May 12, 2021

    Trucking Co. Liability Changes Head To Full Texas Senate

    Commercial motor vehicle companies operating in Texas would receive greater protection from frivolous accident lawsuits under a legislative proposal sent to the full state Senate on Wednesday, a step supporters say is important in stemming massive increases in insurance premiums in the industry.

  • May 12, 2021

    House Reps Renew Bipartisan Pipeline Cybersecurity Push

    In the wake of a ransomware attack that temporarily forced the nation's largest fuel pipeline system offline, a bipartisan group of House lawmakers reintroduced multiple bills aimed at staving off similar attacks on critical energy infrastructure in the future.

  • May 12, 2021

    Hertz Ch. 11 Auction Ends With $6B Knighthead Winning Bid

    Bankrupt car rental giant Hertz Global Holdings announced Wednesday that an investment group led by Knighthead Capital Management and Certares Opportunities won a Chapter 11 auction to fund the debtor's reorganization, ending a weekslong competition among eager funding sources.

  • May 12, 2021

    Toyota Can't Duck Claims Soy-Coated Wiring Attracted Rats

    A California federal judge won't let Toyota Motor Sales USA Inc. escape for a second time a proposed class action alleging that its switch to a soy-based covering for wires in its vehicles attracted rats, saying the court is bound by the Ninth Circuit's findings in the case.

  • May 12, 2021

    Biden Launches Labor Trade Case Against Mexican GM Plant

    The Biden administration brought a new labor case under the U.S. trade deal with Mexico on Wednesday, calling on the Mexican government to investigate "irregularities" in a recent union vote at a General Motors Co. facility in the northern city of Silao.

  • May 11, 2021

    Scholars, Religious Orgs Back Ore. Tribal Highway Challenge

    Several groups of American Indian and religious liberty law scholars and advocacy groups threw their support behind tribal members who are fighting a completed highway widening project in Oregon, lodging several amicus briefs urging the Ninth Circuit to revive the case, which was tossed earlier this year.

  • May 11, 2021

    NLRB Judge Chides Amazon, Board Attys In Firing Case

    A National Labor Relations Board judge erupted at attorneys for Amazon and the worker the company is accused of firing for his role in protests against the company's COVID-19 safety policies, scolding them Tuesday for repeatedly asking pointless questions.

  • May 11, 2021

    NJ Farm Banned From H-2A Visa Program For 3 Years

    A New Jersey farm was barred from applying for H-2A temporary foreign worker visas for three years — the maximum penalty — after an administrative law judge found deplorable conditions at the laborers' onsite lodging. 

Expert Analysis

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Current Pipelines And Regs Can Support Shift To Hydrogen

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    The repurposing of America's fossil fuel infrastructure for renewable hydrogen has begun, and existing pipelines, regulations and statutes can provide the regulatory certainty needed to support investment in hydrogen power systems, say William Bolgiano and Matthew Field at Venable.

  • Evaluating Insurance Options In Light Of Suez Canal Blockage

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    The recent blockage of the Suez Canal by the cargo ship Ever Given illustrates that manufacturers, carriers and recipients of internationally shipped goods should consider all the insurance offerings available to cover losses resulting from shipping delays, say David Klein and Ryan Vanderford at Pillsbury.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Time For Auto Suppliers To Review Force Majeure Options

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    With the recent shortage of semiconductor chips leading some auto manufacturers to suspend or reduce production, auto suppliers should review their contracts to determine the scope of their rights to declare force majeure in the event of supply chain disruptions, say attorneys at Varnum.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • D&O Insurance Implications From Tesla's Stock Drop Suit

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    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • The Purposeful Availment Test After Ford

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    The U.S. Supreme Court's recent Ford Motor Co. v. Montana Eighth Judicial District Court decision held that some companies may face specific jurisdiction in any forum where a product-related injury occurs — but companies that did not purposefully avail themselves of the forum state's laws will likely have a stronger defense, say Kathleen Carrington and Derek Rajavuori at Butler Snow.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

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