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Transportation
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Ethiopian Air Crash Warrants Substantial Award, Jury Hears
The estate of a United Nations environmental worker who died in the 2019 crash of the Boeing jet flying Ethiopian Airlines Flight 302 should be awarded substantial damages for her experience in the flight and how the crash affected her husband, both Boeing and the estate told Illinois federal jurors Wednesday.
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November 05, 2025
Panama Triumphs Over Sacyr In $2.36B Treaty Arbitration
The Republic of Panama has won a favorable award under the arbitration rules of the United Nations Commission on International Trade Law in a $2.36 billion dispute initiated by Spain-based construction company Sacyr SA over a Panama Canal expansion project, the country said.
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November 05, 2025
First Brands, Creditors Exchange Blows Over DIP Bid
The unsecured creditors committee for bankrupt auto parts company First Brands objected to the debtor's bid for final postpetition financing approval, saying the proposed arrangement almost solely benefits the lenders and would harm the estate. The debtor and its ad hoc lender group each came to the defense of the request.
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November 05, 2025
American Airlines Workers' Attys Seek $8M In ESG Battle
Class counsel representing American Airlines workers who prevailed on claims their employer violated federal benefits law by allowing an unchecked emphasis on environmental, social and governance factors in their employee retirement plan asked a Texas federal court for $7.9 million in fees.
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November 05, 2025
Convicted Man Seeks New Trial In $200M Smuggling Case
A man who was convicted of assisting in a scheme to smuggle as much as $200 million worth of counterfeit luxury goods into the U.S. has asked a California federal judge for a new trial, challenging the government's evidence that he knew what he was doing was illegal.
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November 05, 2025
NJ Panel Unsure Businessman's Threats Broke Law
A New Jersey appellate panel on Wednesday appeared skeptical that the sprawling racketeering indictment against Garden State businessman George E. Norcross was improperly dismissed, asking the state in its bid to revive the case how the power broker's alleged threats outlined in its 111-page indictment were unlawful.
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November 05, 2025
Canadian Cos. Tossed From NC Hydrovac Hot Mud Burn Suit
A North Carolina federal judge has dismissed a group of Canadian companies from a suit alleging they made a hydrovac that malfunctioned and injured a natural gas worker, saying they don't have enough ties to the state for the court to have jurisdiction.
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November 04, 2025
Ignore Circuits, Follow Scalia, Justices Told In Deadlines Duel
How can a U.S. Supreme Court advocate persuade the justices to spurn the near-universal views of circuit courts? One option appeared Tuesday at arguments over deadlines to vacate judgments, as a Williams & Connolly lawyer invoked Justice Antonin Scalia's influential methods — and seemingly found a receptive audience.
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November 04, 2025
Calif. Justices Doubt 'Illegible' Arb. Pact Is Enforceable
California Supreme Court justices Tuesday doubted that an employer's "illegible" arbitration agreement is enforceable, with multiple justices observing that it's impossible to read terms of the contract at issue, which had been photocopied so many times the words are blurry.
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
Ga. Panel Mulls Courts' Leeway To Alter Restrictive Covenants
A Georgia appeals court pressed attorneys Tuesday for answers on how trial judges should determine how or when to modify restrictive covenants, during oral arguments on a motorcycle dealership chain's push to enforce a noncompete against its former chief operating officer.
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November 04, 2025
Industry Groups Want Trump Admin To Stop PTAB Changes
Various organizations representing manufacturers have asked the Trump administration to rein in recent policies of the U.S. Patent and Trademark Office that they say are harming their ability to defend themselves in infringement litigation and will end up "looting" the economy.
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November 04, 2025
Feds Tell 11th Circ. Delta, Aeromexico Can't Halt JV Split Order
The Trump administration fired back at Delta Air Lines and Aeromexico's Eleventh Circuit bid to freeze a U.S. Department of Transportation order directing them to scuttle their joint venture by Jan. 1, saying the airlines' contention that it'd be too burdensome to disentangle their networks is overblown.
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November 04, 2025
Industry, Enviros Oppose EPA Plan To Ditch GHG Reporting
Industry and environmental groups alike are pushing back against the U.S. Environmental Protection Agency's proposal to repeal a program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions.
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November 04, 2025
Judge Voids DOT Directive Tying State Grants To Immigration
The U.S. Department of Transportation cannot condition billions in grants on states cooperating with President Donald Trump's immigration crackdown, a Rhode Island federal judge ruled Tuesday, saying the administration "blatantly overstepped" its authority by imposing sweeping and unlawful conditions on federally appropriated funds.
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November 04, 2025
'Chinese Military' Tag Is Unlawful, Drone Maker Tells DC Circ.
Drone maker DJI has taken its arguments that the Pentagon unlawfully labeled it a "Chinese military company" to a higher court.
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November 04, 2025
First Brands Accuses Ex-CEO Of 'Brazen' Theft Of Millions
Bankrupt auto parts company First Brands has sued its founder and ex-CEO, saying he "lined his pockets" with hundreds of millions and possibly billions of dollars in company money, draining its accounts and partially causing its bankruptcy.
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November 04, 2025
Colo. Car Broker's Misclassification Shorted OT, Court Told
An automotive broker company misclassified brokers as overtime-exempt under an exemption that applies only to outside sales workers, a former employee alleged in a proposed class and collective action in Colorado federal court.
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November 04, 2025
Judge Won't Yet OK Boeing Whistleblower Suicide Settlement
A lawsuit accusing Boeing of instigating a "campaign of harassment" against a whistleblower leading to his suicide remains ongoing after a South Carolina federal judge declined to approve a $50,000 settlement, saying that the confidential terms of a separate but related deal prevent her from knowing if this agreement is fair.
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November 04, 2025
Wilson Elser Picks Up 6-Atty Team In LA From Booth
Wilson Elser Moskowitz Edelman & Dicker LLP announced Tuesday that it has hired a six-attorney team from the now-shuttered Booth LLP in Los Angeles, including that firm's former managing partner.
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November 04, 2025
Papa John's Franchisee To Pay $2.1M In Wage Case
A Papa John's franchisee will pay $2.1 million to nearly 3,000 workers to end an 8-year-old wage and hour suit claiming minimum wage and overtime violations, after an Idaho federal judge preliminarily approved the deal.
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November 04, 2025
Kirkland, Davis Polk Steer Aircraft Maker Beta's $1B IPO
Electronic aircraft and propulsion system manufacturer Beta Technologies made its public debut on Tuesday after raising $1 billion in its upsized initial public offering, with Kirkland & Ellis LLP advising the company and Davis Polk & Wardwell LLP advising the underwriters.
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November 04, 2025
Ga. Panel Backs $80M Verdict In Moped Collision Death Suit
A Georgia appeals panel refused to disturb an $80 million wrongful death verdict against a driver involved in a collision with a moped, rejecting her arguments that the trial court should have admitted evidence of the decedent's alleged substance abuse, or that the jurors were improperly empaneled.
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November 03, 2025
The Lone Ranger Facing A BigLaw Powerhouse At High Court
It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.
Expert Analysis
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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Rule 23 Class Certification Matters In Settlements, Too
The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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Cos. Face Convergence Of Anti-Terrorism Act, FCPA Risks
Recent moves by the U.S. Department of Justice to classify cartels and transnational criminal organizations as terrorist groups, and to use a range of statutes including the Foreign Corrupt Practices Act to pursue these types of targets, mean that companies operating in certain jurisdictions are now subject to overlapping exposure, say attorneys at Miller & Chevalier.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.