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Transportation
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May 21, 2025
Pa. Justices To Mull State DOT Liability For Hanging Branches
The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.
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May 21, 2025
Ford Hits Calif. Firms With RICO Suit Over Lemon Law Billing
The Ford Motor Co. sued several California-based law firms and lawyers in Los Angeles federal court Wednesday, accusing them of conspiring to overcharge clients and defraud major automotive manufacturers by more than $100 million by submitting falsely inflated time sheets in thousands of consumer protection cases.
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May 21, 2025
Simpson Thacher, Hogan Lovells Guide $1.75B Shipping Deal
Typewriter Ascend Ltd., an entity backed by Stonepeak and affiliated with container leasing firm Textainer, has agreed to acquire Global Sea Containers Ltd. from China's Bohai Leasing Co. in a deal valued at $1.75 billion.
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May 20, 2025
FWS' New 'Harm' Proposal Draws Praise, Concern For Species
Fossil fuel, construction and other industry groups say they support the Trump administration's plan to weaken regulatory protections under the Endangered Species Act, while blue state attorneys general and environmental groups urged the government to back off its proposal.
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May 20, 2025
4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury
The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.
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May 20, 2025
5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play
Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.
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May 20, 2025
Tax Credit Repeal Would Deflate US Hydrogen Development
The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.
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May 20, 2025
UPS Can't Escape $75M Crash Award To Brain-Damaged Baby
A Missouri appellate panel on Tuesday affirmed a jury's $65 million verdict plus about $10 million in interest in a suit accusing United Parcel Service of negligently causing a car crash resulting in a baby's brain damage, saying evidence regarding the driver's history of drug abuse was properly allowed.
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May 20, 2025
Assessing The Design Patent Impact Of LKQ, One Year Later
It's been one year since the full Federal Circuit's LKQ v. GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies.
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May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill
Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
Cozen O'Connor's Insurance Team Hires Former Deputy AG
Veteran insurer-side litigator Frank Toddre II has joined Cozen O'Connor in Las Vegas from Lewis Brisbois Bisgaard & Smith LLP, the business law firm announced, touting his experience as a former senior deputy attorney general in Nevada and a seasoned Ninth Circuit appellate and civil rights attorney.
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May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms
Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
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May 20, 2025
Chinese EV Battery Giant Generates $4.6B IPO Amid Tensions
Electric-car battery maker Contemporary Amperex Technology Co. Ltd. began trading in Hong Kong after raising a $4.6 billion initial public offering, completing the year's largest equity offering globally despite tension between Washington and Beijing, guided by four law firms.
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May 20, 2025
Veterinarian, Manager Ask To Exit $6M Horse Semen Suit
Two employees of a veterinary firm have asked a Washington federal court to toss a lawsuit accusing them and others of malpractice and negligence stemming from the destruction of about $6.4 million worth of purebred Arabian stallion semen during transport, arguing the complaint improperly lumps all the defendants and allegations together.
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May 20, 2025
UAW Local Agrees To DOL Oversight Of Next Officers' Election
A United Auto Workers local in Warren, Michigan, has agreed to let the U.S. Department of Labor supervise its next officers election, a few months after the U.S. secretary of labor claimed the union's election committee mishandled recordkeeping and ballot oversight during a vote a year ago.
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
6th Circ. Splits On 'Classic,' 'First-Year' Contract Price Dispute
A split Sixth Circuit on Monday upended Parker Hannifin Corporation's win in a breach of contract fight with a Mexican automotive supplier, saying the Ohio company's terms over the price of its pistons didn't govern in a "classic" dispute fit for a law student's first-year contract class.
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May 19, 2025
Interior Dept. Lifts Freeze On Empire Wind Project
The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.
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May 19, 2025
Uber Pushes To Move Sex Assault Cases To Related Districts
Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.
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May 19, 2025
Port Co. Slams 'Sham' Arbitration Bid In Panama Canal Project
A Hong Kong company claiming that its interest in a $1 billion port project near the Panama Canal is being stolen by an investment firm and related entities has urged the Third Circuit not to send the dispute to a "sham" arbitration proposed by the investor.
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May 19, 2025
Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike
A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.
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May 19, 2025
Chicago's Climate Deception Suit Heads Back To State Court
An Illinois federal judge has found that the city of Chicago's lawsuit looking to hold the nation's largest oil producers liable for allegedly deceiving the public about fossil fuel consumption should be litigated in state court.
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May 19, 2025
Ex-CTA Worker Can Take Vaccine Bias Claim To Trial
An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.
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May 19, 2025
GM Issued 'Inadequate' Recall For Bad Engines, Drivers Claim
General Motors LLC knowingly sold vehicles "that were engineered to fail" and issued an "inadequate" recall to prevent "catastrophic" internal engine failure, a group of vehicle owners alleged in a proposed class action filed in Michigan federal court.
Expert Analysis
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Inside The Appeals Board's 2024 Report To Congress
An in-depth examination of the Armed Services Board of Contract Appeals’ annual report reveals a continuing decline in new cases, motions and hearings, a trend that may correspond with the increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.