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Transportation
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March 21, 2025
2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight
The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.
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March 21, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
3 Firms Win Lead Plaintiff Spot In Boeing Chancery Case
Bleichmar Fonti & Auld LLP, Grant & Eisenhofer PA and Scott + Scott Attorneys at Law LLP got the nod Thursday to pursue potentially massive damages in a Delaware Court of Chancery derivative suit on behalf of The Boeing Co. arising from a string of plane crashes and oversight failures.
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March 20, 2025
Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds
An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that Sanyo North America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.
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March 20, 2025
Industry Groups Criticize Withdrawal Of PTAB Denial Memo
Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.
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March 20, 2025
Hesai Says DOD's View On 'Chinese Military Co.' Too Broad
The legal team representing a Shanghai-based manufacturer of lidar products urged a D.C. federal judge to remove the company from the U.S. Department of Defense's list of "Chinese military companies," saying the department's definition of the term is so expansive it could apply to almost any company in China.
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March 20, 2025
Utah High Court Leaves Youth Climate Claims Down For Now
The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.
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March 20, 2025
No Coal Plant Rescue Plans On The Table, FERC Chair Says
President Donald Trump's recent call for his administration to encourage more coal-fired power use hasn't resulted in any order to the Federal Energy Regulatory Commission to craft policies to prop up coal plants, Chairman Mark Christie said Thursday.
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March 20, 2025
Oil And Gas Cos. Say DC 'Greenwashing' Claims Are Too Vague
A D.C. Superior Court judge pressed both sides in the district's consumer protection suit against four major oil and gas companies Thursday to say whether the city's claims that the companies misled consumers through systematic "greenwashing" campaigns fall within the scope of what she called a "very broad" statute.
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March 20, 2025
PTAB Labels Different Constructions Ruling As Informative
The Patent Trial and Appeal Board on Thursday designated as informative a December decision shooting down Cambridge Mobile Telematics Inc.'s challenge to a car crash detection patent, saying it provides guidance on an issue involving claim construction arguments by challengers.
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March 20, 2025
Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground
A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.
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March 20, 2025
Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit
A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.
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March 20, 2025
Shipping Co. Sinks Rival's Antitrust Case Over Guam Routes
Matson Inc. has escaped antitrust claims from the only other shipping company carrying cargo from the U.S. mainland to Guam after a D.C. federal court found American President Lines LLC "failed to deliver" enough evidence showing Matson monopolized the market.
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March 20, 2025
7th Circ. Backs Chicago Rail In Canine Officer's ADA Suit
The Seventh Circuit said Thursday it won't revive a Chicago rail officer's suit claiming he was removed from his canine handler role after testing positive for drugs he had been prescribed, faulting him for failing to respond to the agency's requests to clarify the results.
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March 20, 2025
Toyota's Hino Motors To Pay $1.6B In Emissions Fraud Deal
Toyota unit Hino Motors Ltd. admitted to manipulating emissions and fuel-economy test results for over 100,000 diesel vehicles it sold in the U.S., formalizing part of its $1.6 billion January deal resolving the U.S. Department of Justice's civil and criminal allegations it rigged its test result.
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March 19, 2025
Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
Ex-Eminem Employee Charged With IP Infringement
A former sound engineer for Eminem was charged Wednesday with criminal infringement of a copyright and interstate transportation of stolen goods for selling about two dozen unreleased songs created by the rapper that were then made public on the internet, according to a criminal complaint filed in Michigan federal court.
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March 19, 2025
2 Convicted For Role In 2022 Deaths Of 53 Migrants In Texas
Two men have been convicted by a Texas federal jury for their role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in the Lone Star State in June 2022.
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March 19, 2025
USPTO Acting Head Tells PTAB To Rethink Part Of Tesla Win
The U.S. Patent and Trademark Office's acting director has told the Patent Trial and Appeal Board to reconsider part of a decision backing Tesla's challenge to a patent on artificial intelligence in self-driving vehicles, and sent two more unrelated cases for review by board officials.
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March 19, 2025
NY DOT Says Feds' Bid To Kill Congestion Pricing Is 'Unlawful'
The New York State Department of Transportation told a Manhattan federal judge Wednesday that the Trump administration's efforts to kill New York City's congestion pricing program unlawfully interfere with the Empire State's authority to implement state law and protect New Yorkers' health and welfare.
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March 19, 2025
Utah Hospital Can't Nix EMTALA Claim In Suicide Attempt Suit
A Utah federal court denied a hospital's second attempt to toss a patient's claim under the Emergency Medical Treatment and Active Labor Act, finding that facts remain in dispute regarding the patient's admittance and subsequent transfer to another facility following a suicide attempt.
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March 19, 2025
Texas Justices Skeptical Boeing Can Dodge Airline Union Suit
Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."
Expert Analysis
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.