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Transportation
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March 21, 2024
Robins Kaplan, Colo. Firm Beat Malpractice Claim
A Colorado appeals courts determined Thursday a state trial court was right to rule in favor of Robins Kaplan LLP and a Colorado firm in a 2020 malpractice suit after the lower court found it could not be proven that attorney negligence caused a worse outcome for the firms' client.
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
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March 20, 2024
4th Circ. Upholds Volvo's Win In Worker's ADA Case
The Fourth Circuit refused on Wednesday to revive a suit brought against Volvo Trucks North America by a worker who was denied a job after going on medical leave, agreeing with a lower court that he couldn't perform the essential duties of the position he was seeking.
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March 20, 2024
2nd Circ. Revives Bias Suit Against Aramark
A discrete discriminatory act within the statute of limitations against an employee can make a hostile work environment claim timely if an employee shows it's a part of ongoing discriminatory conduct, the Second Circuit ruled Wednesday, reviving a bias suit a female manager brought against food service giant Aramark Services Inc.
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March 20, 2024
Faegre Drinker Adds Former Honigman Construction Pro
Faegre Drinker Biddle & Reath LLP has strengthened its construction and real estate litigation group in Chicago with Raj Patel, previously a partner with Honigman LLP, the firm said Wednesday.
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March 20, 2024
UK Pension Fraud Fund To Pay Out £416M To Victims By 2026
The U.K.'s pension lifeboat scheme said Wednesday it expects to pay up to £416.7 million ($530 million) in compensation to members of pension schemes that have been hit by scams.
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March 20, 2024
Belarusian Tire Maker Wins EU Sanctions Challenge
The European Union unlawfully imposed sanctions on a state-owned Belarusian tire business because it failed to prove that the company was supporting the country's president, a European court ruled Wednesday.
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March 20, 2024
Husch Blackwell Hires 5 Attorneys From Lewis Brisbois
Husch Blackwell LLP announced Wednesday it is welcoming a five-attorney litigation team from Lewis Brisbois Bisgaard & Smith LLP to an expanding Minneapolis office, following Husch Blackwell's addition of a transportation practice leader and others from the same rival early this year.
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March 20, 2024
NYC Now Lets Workers Sue For Sick Leave Violations
A New York City law took effect Wednesday that allows workers to sue their employers for safe and sick leave violations without having to file an administrative complaint first.
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March 20, 2024
SEC Proxy Roundup: Verizon, UPS Escape ESG Proposals
Verizon and UPS may exclude from their proxy statements shareholder proposals on social policy and climate change matters, according to U.S. Securities and Exchange Commission staff, who also denied various other requests from corporations looking to escape separate social and politics-related proposals.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
EPA Tightens Auto Emissions Rules But Relaxes Timetable
The U.S. Environmental Protection Agency on Wednesday finalized a rule that requires reductions in greenhouse gas emissions from cars, trucks and vans through 2032, although automakers, labor unions and dealers convinced the EPA to relax its timetable.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told
The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
2 Men Behind Chinese Co. Stole Tesla Trade Secrets, Feds Say
Brooklyn federal prosecutors have charged a Canadian man residing in China and his Chinese business partner with scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Tuesday.
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March 19, 2024
Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.
The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.
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March 19, 2024
VW Dealer Says Its Franchise Is Getting Unjustly Terminated
A southeastern Connecticut car dealer took Volkswagen of America Inc. to state court after the company allegedly moved to terminate a franchise agreement for the dealer's satellite location, an agreement that the suit says the carmaker denies the existence of in the first place.
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March 19, 2024
Ford Pushes To Decertify Classes Amid Mustang Defect Trial
Ford Motor Co. urged a Florida federal judge Tuesday to undo classes of consumers in four states who allege they were misled when buying high-performance Mustangs, arguing that a jury heard testimony from the drivers this month that the "word was out on these cars" before purchases were made.
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March 19, 2024
Feds, NY Residents Spar Over Congestion Pricing Battle
Federal and New York transportation agencies have told a Manhattan federal judge that local residents waited too late to file lawsuits trying to block congestion pricing, but the plaintiffs countered that the agencies have admitted that they'll have to reevaluate the environmental harms the new tolls would have on communities.
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March 19, 2024
Ky. Woman Gets $164M Verdict In Geico Roadside Crash
A Kentucky state jury on Monday hit auto insurance giant Geico with a $164 million verdict over claims it negligently sent a tow truck out on a roadside assistance job only for it to ultimately rear-end a motorist stopped at a red light, leaving her a quadriplegic.
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March 19, 2024
FCC Won't Shift Gears On 5.9 GHz Despite Automakers' Effort
The Federal Communications Commission has turned down two auto industry groups' long-standing requests to take another look at a 2020 revamp of FCC rules in the 5.9 gigahertz band that shifted part of the spectrum to unlicensed wireless use.
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March 19, 2024
Tesla Investors Want Musk Go-Private Tweet Spat Revived
Tesla investors have urged the Ninth Circuit to grant their request for a new trial, saying the California district judge who oversaw the litigation gave improper jury instructions that cleared the electric-car maker and its CEO Elon Musk last year over his alleged 2018 tweets that he had "funding secured" to take the company private.
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March 19, 2024
Biden Administration Updates EV Fuel Economy Estimates
Federal energy regulators on Tuesday issued changes to the outdated way they calculate the fuel economy equivalent estimates for electric vehicles, a move conservation groups cheered as a way to make automakers improve overall vehicle fleet efficiency.
Expert Analysis
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Opinion
Aviation Watch: Navigating The Air Traffic Control Crisis
After a recent Federal Aviation Administration report identified significant deficiencies in air traffic control staffing, equipment and funding that compromise U.S. aviation safety, it is vital that the FAA act to limit the volume of traffic to what air traffic control can safely manage with available resources, says Alan Hoffman, a retired attorney and aviation expert.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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After Watershed Year, Clean Hydrogen Faces New Challenges
Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.
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How To Start Applying DOL's Independent Contractor Test
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.