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October 04, 2024
Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies
A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."
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October 04, 2024
Stellantis' Fiat Chrysler Sues UAW Over Strike Threats
Fiat Chrysler has sued the United Auto Workers in California federal court alleging the union has violated the current collective bargaining agreement by threatening to strike over what the union perceives as the company's delays in investing in and reopening certain manufacturing facilities.
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October 04, 2024
Subaru Drivers Get Initial OK On Cracked Windshields Deal
A class of at least a million Subaru customers received preliminary blessing from a New Jersey magistrate judge for a settlement that would end the five-year dispute and cover 100% or more out-of-pocket costs to fix or replace allegedly defective windshields that spontaneously cracked.
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October 04, 2024
Fed. Circ. Topples Verdict In Tire Design IP Litigation
The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.
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October 04, 2024
Tractor Fluid MDL's $32M Settlement To Move Forward
A Missouri federal judge has given the go-ahead to a $32 million settlement between tractor owners and a pair of hydraulic fluid makers to resolve claims in multidistrict litigation alleging the fluid was defective and damaged vehicles that used it.
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October 04, 2024
SSI Wins $16M From Wisconsin Jury Over Fuel Tank Sensor IP
KUS Technology Corp. must pay rival sensor company SSI Technologies LLC more than $16 million for willfully infringing a patent for a fuel tank sensor, a Wisconsin federal jury verdict ruled Thursday.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Europe Votes To Raise Tariffs On Electric Vehicles From China
European Union member states voted Friday to impose higher tariffs on imports of battery electric vehicles from China for the next five years, adding to the already staggering tariffs imposed by the United States and Canada.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
Justices Won't Block EPA Methane Control Rule
The U.S. Supreme Court on Friday rejected pleas by Republican-led states and fossil fuel industry groups to block implementation of an Environmental Protection Agency rule strengthening methane emissions control requirements for oil and gas infrastructure.
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October 03, 2024
Masseuse's Claim Must Be Arbitrated, Cruise Line Says
Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.
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October 03, 2024
Drivers Rip GM's Bid For Full 6th Circ. Redo In Emissions Row
A group of drivers on Thursday balked at General Motors' bid to get the full Sixth Circuit to review a divided panel's recent decision partly reviving consolidated litigation alleging the automaker deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Fired Tech Subcontractor Seeks $1.3M Over Caltrans Project
A Connecticut-based transportation data company should be forced to pay nearly $1.3 million for canceling a software development deal with a subcontractor hired to perform information technology work on a California Department of Transportation project, according to a Connecticut federal court lawsuit filed Thursday.
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October 03, 2024
East Coast Ports Strike Suspended Under Tentative Wage Deal
After a three-day strike, tens of thousands of dockworkers on the East and Gulf coasts will head back to work because International Longshoremen's Association union leaders reached a tentative wage agreement late Thursday with the group that represents container carriers, marine terminal operators and port employers.
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October 03, 2024
Energy Dept. Hands Out $1B Loan For EV Charging Expansion
The U.S. Department of Energy announced on Thursday that it has made a conditional commitment for a loan guarantee of up to $1.05 billion aimed at expanding public electric vehicle charging infrastructure across the country.
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October 03, 2024
Brookfield Sued Over LA Subway Terminal Building Damage
The owner of the subterranean floors of Los Angeles' old Subway Terminal Building has filed suit against Brookfield Properties Multifamily LLC and the affiliated owner of aboveground luxury units, arguing the pair must pay for water damage in the basement.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
Fla. Judge Tosses Jet Co.'s Defamation Suit Against Reporter
A Florida federal judge Thursday tossed a private jet company's defamation suit against a journalist who reported a story about its alleged ties to the Russian mafia, after an amended complaint wasn't filed within the timeframe required by the court.
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October 03, 2024
Swiss Man Should Fight Sanctions Case In DC, Judge Says
A D.C. federal judge said a Swiss man accused of skirting sanctions in connection with a 255-foot luxury yacht owned by Russian tycoon Viktor Vekselberg should be required to come to Washington, D.C., to fight the charges.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
American Airlines Uses Outdated Mortality Data, Retiree Says
American Airlines used decades-old mortality data and interest rates to calculate retirees' pension payments, collectively costing them millions of dollars in retirement benefits, a former employee has told an Illinois federal court.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
Expert Analysis
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.