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December 10, 2025
Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.
Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."
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December 10, 2025
Gov't Urges Justices To Review ERISA Pleading Standard Split
The U.S. solicitor general and the solicitor of labor said the U.S. Supreme Court needs to clarify that workers must back their suits targeting underperforming retirement funds with proper comparison proof, urging the justices to take up a case taking aim at Parker-Hannifin Corp.'s retirement plan management.
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December 10, 2025
Calif. Suit Over $4B High-Speed Rail Funds OK To Proceed
A California federal judge on Tuesday denied the Trump administration's bid to toss California's lawsuit challenging the termination of $4 billion in grants for the state's electric rail project, rejecting the administration's contention that California asserted a breach-of-contract claim that only the Court of Federal Claims could hear.
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December 10, 2025
Union Pacific Gets $3.5M Verdict Nixed Over Theft Evidence
An Illinois appeals court has wiped out a $3.5 million injury verdict against Union Pacific Railroad Co., saying the trial court wrongly excluded evidence that the plaintiff had previously been convicted of a felony crime of dishonesty.
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December 10, 2025
Ex-Nikola CEO Asks To Cancel Asset Sale, Submit Higher Bid
An entity affiliated with the former CEO of electric-truck maker Nikola has urged a Delaware bankruptcy judge to undo an August asset sale, saying the transaction was conducted unfairly and that it is now willing to offer more than twice the sale price.
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December 09, 2025
'Stop Asking Questions': NASCAR Leaks Team's Finances
NASCAR blindsided a former race car driver Tuesday in its antitrust trial by exposing his team's financial data to the jury despite an alleged nondisclosure agreement, provoking a cascade of objections from the opposition and a reproach from the bench.
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December 09, 2025
States Ask Justices To Curtail Federal Trucking Law Shield
Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.
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December 09, 2025
Uber May Win Sanctions On Atty Who Disclosed MDL Docs
A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.
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December 09, 2025
Wash. Justices To Review Immunity In $2.3M Ambulance Case
Washington's highest court will review a $2.3 million verdict over a cancer patient's death in an ambulance crash, agreeing to consider what the ambulance operator called a "double standard" in an appeals court ruling that it said would grant immunity to crews transporting patients experiencing mental health crises, but not those in need of physical care.
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December 09, 2025
7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit
A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.
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December 09, 2025
FERC's Fate Uncertain As Humphrey's Executor Teeters
The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.
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December 09, 2025
GM Says Air Condition Claims Too Individual For Class Cert.
General Motors LLC on Monday urged a Michigan federal judge to reject a new request to certify a proposed class of consumers who allege the automaker sold vehicles with air conditioning defects, pointing to recent Sixth Circuit rulings to argue that the claims are too individual to be grouped in a class.
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December 09, 2025
Nylon Maker Ascend Secures OK For Ch. 11 Plan
A Texas bankruptcy judge agreed Tuesday to approve the Chapter 11 plan of nylon manufacturer Ascend Performance Materials, commending the debtor on reaching a largely consensual restructuring proposal eight months after its free-fall bankruptcy filing.
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December 09, 2025
Cummins Investors Ink $1.6M Deal Over Emissions Fraud Suit
Engine manufacturer Cummins Inc. and its investors asked an Indiana federal court to approve a $1.6 million deal that will end claims that the company hurt investors by hiding emissions control devices in certain engines, causing it to owe $2 billion in payments to regulators to settle Clean Air Act claims.
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December 09, 2025
USAA Says Class Action 'Impossible' In Medical Billing Suit
Two USAA units are fighting class certification in a lawsuit accusing the insurer of underpaying auto crash-related medical bills through the use of third-party claims software, arguing the patients' healthcare claims are too dissimilar to be litigated as a group.
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December 09, 2025
United Says Labor Contract Pushes Wage Row To Arbitration
Federal labor law requires United Airlines Inc. flight attendants to arbitrate their proposed wage class action, the airline told a New Jersey federal court, saying resolution of the claims hinges on the parties' collective bargaining agreement.
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December 09, 2025
Cleveland, Browns Drop Stadium Move Suits After $100M Deal
The National Football League's Cleveland Browns and the city of Cleveland told Ohio courts on Tuesday that they're permanently dropping their lawsuits against each other in the wake of a $100 million settlement for their dispute over the NFL team's planned stadium move.
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December 09, 2025
NJ Builder Says Court Can Decide Tunnel Labor Row
The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.
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December 09, 2025
Marsh Rival Wants Out Of Employee Poaching Scheme Suit
An insurance company accused by Marsh & McLennan Agency of poaching an employee has asked a Manhattan federal judge to dismiss Marsh's suit, saying the court had no jurisdiction because the claims had not been sufficiently tied to New York.
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December 08, 2025
NASCAR Owes Teams $364M For Monopoly Harm, Jury Told
Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival series to form, the teams' expert testified Monday.
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December 08, 2025
Hyundai Unit Seeks Exit From Cannabis Patient Case
A subsidiary of Hyundai wants to end a would-be employee's discrimination lawsuit that accuses the company of pulling back a job offer after learning she used marijuana to manage PTSD, telling a federal court that she lied about having a medical cannabis card to treat the condition and about her education.
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December 08, 2025
7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy
7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.
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December 08, 2025
Ford Urges 9th Circ. To Decertify 'Death Wobble' Classes
An attorney told a Ninth Circuit panel Monday it should decertify all the subclasses of buyers alleging some of Ford's pickup trucks suffered a steering defect known as the "death wobble," saying the district court didn't properly consider whether the models in question are largely used for business purposes.
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December 08, 2025
'Known Dangers' Of Driving Don't Merit $76M, Texas Court Says
A split Texas appellate court did away with a $76 million judgment against a company whose driver rear-ended the vehicle of a woman who later died, saying the woman's estate failed to show the company's negligence caused the wreck.
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December 08, 2025
Liberty Seeks Excess Insurer Repayment For $21.3M Verdict
A Berkshire Hathaway unit must cover Liberty Insurance Underwriters Inc.'s portion of a $21.3 million jury award in a personal injury case, Liberty said in a new federal complaint, arguing the unit unreasonably failed to resolve the case before trial despite multiple settlement offers.
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.