Transportation

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 28, 2022

    Shipping Giant Says $2.7M Banana Fight Belongs In SDNY

    Shipping and logistics behemoth MSC Mediterranean Shipping Co. SA has asked the Southern District of New York to step in and block a prominent banana grower from arbitrating its $2.7 million cargo claims, arguing that the claims are "manifestly not subject to any agreement to arbitrate."

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    Funds Say Trucking Co. Dodged Contributions Via Alter Egos

    A Teamsters local's benefits funds accused a trucking company Tuesday of using alter egos to evade its obligation to provide contributions for pension, welfare and vacation under the parties' collective bargaining agreement, saying the businesses have the same shareholders, location and bookkeeper.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    JPML Centralizes Cell Tech IP Suits Against Tesla, GM, Others

    Neo Wireless' cellular patent suits against several carmakers, including Tesla and General Motors, were transferred to the Eastern District of Michigan Tuesday after the U.S. Judicial Panel on Multidistrict Litigation determined centralization will streamline the related litigation and boost convenience.

  • June 28, 2022

    Payroll Firm Flexible Funding OK'd For Ch. 11 Liquidation

    Trucking and staffing industry payroll financing firm Flexible Funding Ltd. received bankruptcy court approval on Tuesday in Texas for its Chapter 11 liquidation plan that calls for the distribution of proceeds from a sale that closed in late 2021.

  • June 28, 2022

    DC Circ. Backs FERC's Approval Of $468M Gas Pipeline

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a $468 million natural gas pipeline project, disagreeing with environmental advocates that developers were permitted to collect excessive returns and environmental concerns weren't given proper scrutiny.

  • June 28, 2022

    EPA Can't Justify Lax Airline Greenhouse Gas Rule, Court Told

    Blue states and environmental groups have told the D.C. Circuit that federal rules for airline greenhouse gas emissions are too lax, won't meaningfully address the climate crisis and are an abdication of clear statutory requirements of the Clean Air Act.

  • June 28, 2022

    EV Charging Biz Electrify America Lands $2.45B Valuation

    Electric vehicle charging business Electrify America LLC said Tuesday it's valued at $2.45 billion following an investment by Siemens and Volkswagen Group to be used to help the company continue advancing its technology and charging solutions.

  • June 28, 2022

    Objector Says $8.4M Uber Misclassification Deal Needs Work

    An objector raised concerns about the contents of an $8.4 million settlement that aims to shutter an Uber driver misclassification suit, arguing that the court should revisit the deal's release terms, its claim valuations and payout methods that burden the class.

  • June 28, 2022

    Energy Cos. Can't Duck Fees For $1.2B Project, 5th Circ. Told

    The Texas agency in charge of a key shipping channel off the Gulf of Mexico told the Fifth Circuit it shouldn't give credence to a brazen attempt by Shell and Phillips 66 to dodge their share of fees intended to pay for a $1.2 billion waterway improvement project.

  • June 28, 2022

    Investor Sues Auto Insurer Over Customer Recruitment Costs

    Directors and executives of auto insurance startup Root Inc. have been hit with a derivative investor suit in Delaware federal court alleging they misled shareholders about how much money the company spends acquiring new customers and caused the company's stock price to plummet.

  • June 28, 2022

    Distributor Says Attys Faked A Lien Claim Doc, Seeks DQ

    Two New York attorneys falsified lien documents to rescue a client's shipping dispute lawsuit, according to their opponents in the litigation, who want the case to be dismissed now that the "fraud on the court" has come to light.

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 28, 2022

    Feds Drop Haitian Bribe Case After Discovering New Evidence

    Federal prosecutors in Boston dropped a Foreign Corrupt Practices Act case against a former U.S. Army colonel and a lawyer just days before they were set to be tried for a second time, after the FBI unearthed text messages suggesting the two were innocent.

  • June 27, 2022

    Biofuel Group Fights Blending Pass For Refiners At DC Circ.

    A biofuel trade association is accusing the U.S. Environmental Protection Agency of wrongfully affording small refiners a get-out-of-jail-free card by not requiring them to honor past years' biofuel mixing requirements even after the refiners' exemption requests were denied.

  • June 27, 2022

    Judge Trims Ford Dealer's Workers' Comp Coverage Suit

    A California federal judge said a Ford dealership can pursue allegations that its insurer breached policy obligations when handling its claim for coverage of a workers' compensation suit that stems from a 2019 deadly workplace shooting, but dismissed other claims surrounding the underlying civil action.

  • June 27, 2022

    Ex-Tesla Worker Gets New Damages Trial After Bias Win

    A Black former Tesla employee will get a new trial over damages he is owed in his suit alleging he suffered racist abuse at a Tesla factory after he refused to accept an award that had been lowered to $15 million from the $137 million that a jury had granted him last year, a California federal judge ruled Monday.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Linebarger Goggan Immune To Toll Road Fee Suit, Court Says

    A national debt collection firm should be granted government immunity in a case accusing the firm of abusing its role as toll collector in a Texas county, a Texas appellate court has ruled.

  • June 27, 2022

    9th Circ. Keeps Calif. Climate Change Cases In State Courts

    The Ninth Circuit on Monday stood by its decision that climate change suits brought by local governments in California against fossil fuel companies belong in state court.

  • June 27, 2022

    5th Circ. Gives Fed Worker Vax Mandate Suit Another Shot

    The Fifth Circuit on Monday said it will rehear a challenge to President Joe Biden’s 2021 executive order requiring federal workers to receive a COVID-19 vaccine or face termination.

  • June 27, 2022

    Car Rental Co. Sued Over Blocked Insurance Payments

    An investor in a company that allows car owners to rent out their vehicles for ride-sharing services wants to inspect the company's books and records in Delaware Chancery Court, to investigate whether it suppressed insurance claim payments through a claims adjuster founded by the rental company's CEO.

  • June 27, 2022

    Car Auction Co. Asks 4th Circ. For Redo In Virus Suit

    A car auction company urged the Fourth Circuit to wait to hear what Maryland's high court says about whether COVID-19 causes a physical loss or damage that's covered by insurance, arguing the court should vacate an earlier order in favor of a Chubb unit.

Expert Analysis

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

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    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • Understanding Georgia's New Worker Classification Law

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    A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • High Court Discovery Ruling Will Transform Int'l Arbitration

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    A U.S. Supreme Court decision this week slams the door on Section 1782 discovery in private international arbitration, leaving the status of other arbitral bodies involving treaties or intergovernmental elements in flux, and increasing the importance of selecting the forum and adjudicative body to resolve potential disputes, say attorneys at Hogan Lovells.

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • Opinion

    Supreme Court Should Review Flight Break Mandate

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    Despite government pushback, the U.S. Supreme Court should review Virgin America v. Bernstein, a Ninth Circuit decision that would require meal and rest breaks for flight attendants, as federal law and California regulations are in clear conflict and threaten to disrupt national air transportation, says Patricia Vercelli at Airlines for America.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • EU Hydrogen Plans: Infrastructure And Regulatory Challenges

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    As interest grows in hydrogen import and distribution infrastructure in the European Union, project developers and potential end users need to evaluate possible midstream bottlenecks, and track the EU's evolving hydrogen regulatory framework, say Dan Feldman and Natalya Pilbeam at Shearman.

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