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Transportation
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May 09, 2024
Deals Rumor Mill: Paramount, Peloton, International Paper
Sony and Apollo plan to break up Paramount if their $26 billion bid prevails, private equity firms are eyeing a Peloton buyout, and International Paper gets a $15 billion bid from Brazil's Suzano. Here, Law360 breaks down the notable deal rumors from the past week.
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May 08, 2024
Hyundai To Pay $334K Over Repossessing Vets' Cars
Hyundai's American financing arm has agreed to pay $333,941 to resolve the government's suit in California federal court alleging the carmaker reclaimed 26 vehicles owned by members of the armed forces in violation of the Servicemembers Civil Relief Act, the U.S. Department of Justice announced on Wednesday.
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May 08, 2024
Fuel Truck Exec Cops To Rigging Firefighting Contract Bids
An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.
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May 08, 2024
Boeing Again Seeks Exit From Suit Over Love-Triangle Murder
The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.
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May 08, 2024
Mayer Brown, Latham Steer Proficient Auto's $215M IPO
Proficient Auto Logistics Inc. on Wednesday priced a $215 million initial public offering within its range, represented by Mayer Brown LLP and underwriters' counsel Latham & Watkins LLP, in an IPO that will help the specialized freight company combine five logistics businesses into one publicly traded entity.
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May 08, 2024
Feds Charge Two For Killing Witness In Staged Crashes Probe
Federal prosecutors in Louisiana have charged two people for murdering a witness who cooperated with the government's investigation into an alleged insurance scam involving multiple staged car crashes in the New Orleans area.
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May 08, 2024
Jury Instruction Won't Upend $1.4M Motorcycle Crash Verdict
A California appeals court won't undo a $1.4 million verdict in a suit over a motorcycle accident, saying that even if the trial court gave a jury instruction that was extraneous and not applicable to the facts of the case, there's no indication that it prejudiced or misled the jury.
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May 08, 2024
Mich. Justices Unsure New Mandate Altered Old Auto Policies
Michigan Supreme Court justices appeared divided Wednesday over whether an overhaul of the state's compulsory car insurance scheme affected pre-existing policies or applied only to policies issued after the reforms went into effect.
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May 08, 2024
Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit
An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.
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May 08, 2024
Tesla Slams Class Bid For Musk Shares Lockdown In Del.
Attorneys for Elon Musk and Tesla Inc. and its board have blasted class attorney motions to sequester billions worth of the automotive company's shares as an improper attempt to shield a nonfinal court ruling on Musk's 10-year compensation plan and as potential interference in a Tesla bid to reincorporate in Texas.
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May 08, 2024
Wash. Justices Decline Personal Injury Atty's Fee Split Spat
Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.
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May 08, 2024
6th Circ. Partially Remands Sanofi's Tenn. Lake Pollution Suit
The Sixth Circuit on Tuesday revived parts of a Sanofi unit's lawsuit against a Tennessee landfill owner that allegedly improperly closed the dump and caused water contamination on the other company's property.
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May 08, 2024
Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told
An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.
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May 08, 2024
Auto Cos. Brace For EV Battery Compliance Hurdles
New federal regulations aimed at shoring up the domestic electric vehicle manufacturing supply chain give automakers a much-needed two-year cushion to navigate a compliance minefield, and to figure out how to reinvigorate the recent waning consumer demand for electric vehicles.
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May 08, 2024
Coordinators Resist Bid To Open 800 MHz Assignments
The Association of American Railroads is warning the Federal Communications Commission not to accept a proposal from the wireless industry that would remove frequency coordinators' requirement to concur with one another when operating in bands below 800 MHz reserved for business and industrial purposes.
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May 08, 2024
Fishermen Drop $35M Coast Guard Kidnapping Claims
A pair of fishermen who accused the U.S. Coast Guard of "kidnapping" them for 10 days at sea, destroying their ship and getting them sent to prison for years on drug charges that were later dismissed have voluntarily dropped their $35 million suit over the incident.
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May 08, 2024
Mercedes-Benz Hit With Wheel Defect Suit In Ga.
Mercedes-Benz has been slapped with a proposed class action in Georgia federal court by a sedan owner alleging that a wheel configuration defect in certain sedan models can lead to sudden tire blowouts and cracked rims.
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May 08, 2024
Chevron's $52M Iran Oil Seizure Loss Not Covered, Court Told
Three insurers have told a California federal court they owe no coverage to Chevron under separate marine cargo and war risks policies after the oil giant said the Iranian military seized a vessel carrying nearly $52 million worth of Chevron's crude oil in retaliation for U.S. economic sanctions.
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May 08, 2024
No Reimbursement For $5.5M Crash Settlement, Insurer Says
A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.
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May 08, 2024
DOD Trucking Contractor Owner Indicted On $1M Tax Evasion
The owner of a trucking company that hauled military supplies for the U.S. Department of Defense tried to evade more than $1 million in taxes partly by using a nominee company headed by her former dispatcher, according to an indictment by a federal grand jury in Ohio.
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May 07, 2024
Insurer Cites Discovery Law In Info Bid For Accident Claim
A Canadian government-backed insurer is urging an Arizona court to force the state's Department of Transportation to provide documents or testimony in an arbitration stemming from an ex-professional soccer player's claim for damages after he was injured in a hit-and-run accident in Scottsdale in 2016.
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May 07, 2024
Boeing Can't Widen Ethiopian Airlines Test Case Pool
An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.
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May 07, 2024
DOJ Says Cross-Border Antitrust Trial Must Stay In Houston
Prosecutors have advised Houston's federal court against transferring a criminal case closer to the border, saying their witnesses fear testifying against defendants charged with using violence to control the cross-border sale of used vehicles and other goods in Central America.
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May 07, 2024
Ex-Tugboat CEO Can't Reinstate $75M Defamation Verdict
A Washington state appeals panel won't let the former CEO of boating company Harley Marine Services Inc. reinstate a $75 million defamation verdict against his former business partners, finding that the comments that formed the basis for the verdict are covered under the state's "absolute" litigation privilege.
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May 07, 2024
DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling
Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.
Expert Analysis
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Analyzing The Legal Ripples Of The EPA's PFAS Regulation
As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Boeing Opinion Strikes Blow Against Overpayment Theory
The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Del. Dispatch: Lessons From Failed ETE-Williams Merger
Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.
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Ga. Ruling A Win For Plaintiffs Injured By Older Products
The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.
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Opinion
Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.