Transportation

  • June 17, 2024

    Teamsters Plan Says Health Network Has Monopoly In Conn.

    A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

  • June 17, 2024

    DC Circ. Gives FERC More Clarity On Scope Of Climate Reviews

    A recent D.C. Circuit decision not only endorses the Federal Energy Regulatory Commission's current approach to reviewing the climate change impacts of gas infrastructure projects, but may also help trim environmental reviews by federal agencies across the board.

  • June 17, 2024

    Tesla Says Texas Charter, Musk Pay Have Impact In Delaware

    Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.

  • June 17, 2024

    6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court

    A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.

  • June 17, 2024

    Third Pa. Uber Trial Unlikely As Deadlock Again Looms

    With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

    Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

  • June 17, 2024

    Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

    Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

  • June 17, 2024

    Hertz Warrant Holder Sues In Chancery For Contract Breach

    Two investment affiliates of Discovery Capital Management LP have sued Hertz Global Holdings Inc. in Delaware's Court of Chancery, alleging willful failure to redeem warrants issued in 2021 as part of the company's Chapter 11 and demanding at least $187 million plus interest.

  • June 17, 2024

    Catching Up With Delaware's Chancery Court

    Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

  • June 17, 2024

    BNSF Owes Wash. Tribe $400M For Oil Shipping Trespass

    BNSF Railway Co. must pay a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, a federal judge in Seattle ruled Monday.

  • June 17, 2024

    NJ Power Broker, Firm CEO Brother Accused Of Racketeering

    Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.

  • June 17, 2024

    Justices Will Hear Philly Bridge Project Fraud Case

    The U.S. Supreme Court will decide whether a Pennsylvania Department of Transportation contractor's false promise to give a certain share of its business to minority-owned subcontractors rises to the level of depriving the state agency of property, the court announced Monday.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 17, 2024

    Supreme Court Won't Revisit Calif. Law Arbitration Issue

    The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.

  • June 17, 2024

    Justices Pass On Revisiting PAGA Arbitration Issue

    The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.

  • June 14, 2024

    Frontier Wins $48.7M In Contract Breach Row After Bench Trial

    A New York federal judge on Friday awarded Frontier Airlines nearly $48.7 million following a bench trial over a contract dispute with Irish aircraft leasing company AMCK Aviation Holdings, finding that AMCK had agreed to waive Frontier's payments while they negotiated a new agreement in the wake of COVID-19.

  • June 14, 2024

    Judges Seem Split On Workers' Comp In Airline COVID Case

    Washington appellate judges appeared to disagree Friday on whether to overturn a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19, with one judge suggesting the verdict was reasonable and another questioning whether employers are liable for diseases traveling employees catch.

  • June 14, 2024

    FCA Boss' N-Word Use Not Enough For Racial Bias Suit

    A Black FCA worker's allegations that his supervisor used the N-word twice and that it was written on the bathroom wall are not enough to prove he experienced a hostile work environment or was prevented from doing his job, a Michigan appeal panel has ruled.

  • June 14, 2024

    Fla. Says Justices' Ruling Dooms Suit Against State Law

    Florida tried Friday to bolster its arguments against a farmworker group challenging a state law that criminalizes the transportation of unauthorized immigrants, arguing that the U.S. Supreme Court's decision Thursday over access to an abortion medication undercuts the group's quest for standing.

  • June 14, 2024

    Elon Musk's Court Cases Remain A Live Issue In Delaware

    Delaware's courts will continue to assert control over a multibillion-dollar Tesla Inc. legal fee dispute despite the company's rushed effort to reincorporate in Texas and potentially put CEO Elon Musk's massive, multiyear compensation plan beyond the state's reach, those familiar with the case said Friday.

  • June 14, 2024

    9th Circ. Revives Union Pacific Workers' Disability Bias Suits

    The Ninth Circuit on Friday reversed Union Pacific Railroad's wins in three worker disability discrimination lawsuits involving plaintiffs with color-vision concerns, saying the lower court incorrectly determined that their individual claims were time-barred after an Eighth Circuit decision decertifying a thousands-strong class in similar litigation against the company.

  • June 14, 2024

    NJ Officials Stiffed Transit Contractor Over Politics, AG Says

    Two board members of the South Jersey Transportation Authority have been charged for their role in allegedly blocking payments to a contractor as political retribution in a feud between a Democratic Party leader and a county commissioner, the New Jersey attorney general announced Friday.

  • June 14, 2024

    BP Unit Slapped With $300M Franchise Termination Suit

    A trio of entities controlled by two self-proclaimed franchise veterans filed suit in Ohio federal court against a travel center operator acquired by BP in 2023, alleging the company terminated a franchise agreement without warning and caused at least $300 million in damages.

  • June 14, 2024

    FAA Probes Fake Titanium Docs From Boeing Supplier

    The Federal Aviation Administration said Friday that it's investigating whether certain Boeing Co. jets were manufactured with titanium components that may have been sold to the plane maker with falsified authenticity documents.

Expert Analysis

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • Bid Protest Spotlight: Unwitting Disclosure, Agency Deference

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    Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.

  • Global Bribery Probes Are Complicating FCPA Compliance

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    The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.

  • Airlines Must Prepare For State AG Investigations

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    A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Rebuttal

    Time For Congress To Let Qualified Older Pilots Keep Flying

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    While a previous Law360 guest article affirmed the current law requiring airline pilots to retire at age 65, the facts suggest that the pilots, their unions, the airlines and the flying public will all benefit if Congress allows experienced, medically qualified aviators to stay in the cockpit, say Allen Baker and Bo Ellis at Let Experienced Pilots Fly.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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