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Transportation
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July 18, 2024
Enviro Groups Deploy Chevron Ruling In Pipeline Case
Environmental groups suing the federal government over the reissuance of a nationwide Clean Water Act permit that can be used for oil and gas pipelines told a D.C. federal judge Thursday that the recent overturning of the Chevron deference bolsters their effort to get the permit thrown out.
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July 18, 2024
6 Firms Steer Latin American Airline Giant's $533M IPO Plans
Latam Airlines Group SA on Thursday outlined plans for an estimated $533 million U.S. initial public offering, guided by six law firms, marking a return to U.S. markets two years after the South American airline giant exited bankruptcy.
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July 18, 2024
6th Circ. Is No Help To CSX Worker Fired For Train Death Post
The Sixth Circuit ruled Thursday that a former CSX Transporation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from his firing over an online post he made about a fatal train accident.
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July 18, 2024
Auto Software Co. Cerence's Brass Sued Over Licensing Woes
A shareholder of Cerence Inc. has sued the automobile software company's current and former top brass in Delaware Chancery Court, alleging they made misleading and false statements about the company's expected revenue and the types of licensing deals the company was pushing and entering into.
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July 18, 2024
State Of 2024 Energy Dealmaking: Midyear Report
Energy dealmaking in the first half of 2024 has, in many ways, picked up where 2023 left off, but companies also increasingly have an eye on the U.S. presidential election this fall that could bring drastic change to the landscape. Here are some transactional trends that have stood out to energy attorneys so far this year.
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July 18, 2024
DOJ, Treasury Target Mexico-Based Human Smuggling Group
A Sierra Leone national and his wife are facing criminal charges and sanctions for their roles in an alleged human smuggling organization that brought thousands of migrants into the United States, federal prosecutors have announced.
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July 18, 2024
Alstom Wants Las Vegas Train's 'Buy America' Waiver Voided
Train manufacturer Alstom alleges in a new federal lawsuit that it was unfairly shut out of competing for a lucrative supply contract for Las Vegas' proposed high-speed passenger rail line when the project recently scored a Buy America waiver for foreign-made trainsets from rival manufacturer Siemens.
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July 18, 2024
Air Transport Co. Sued In Del. Over Director Removal Rule
Stockholders of air transport venture Blade Air Mobility Inc. have sued the company in Delaware's Court of Chancery for an order invalidating a Blade director election provision described as allowing "backdoor" board removal of incumbents without legal authority.
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July 18, 2024
6th Circ. Looks To Wash Hands Of Waters Of US Appeal
An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.
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July 18, 2024
Refiner, Distributor To Pay $1M Fine In EPA Biofuel Case
The U.S. Environmental Protection Agency said on Thursday that it has slapped an Arizona-based petroleum products company and its affiliate with a more than $1 million civil penalty for violations of the Clean Air Act's conventional and renewable fuel requirements.
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July 18, 2024
Woman Can't Get Rectal Cancer Med Mal Suit Reinstated
A Texas appeals court won't let a woman revive her claims that a doctor with Houston Methodist Willowbrook failed to diagnose her rectal cancer, saying she failed to preserve for appeal the issue of whether the court properly granted a 30-day extension to file an amended expert report.
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July 18, 2024
American Airlines Hit With Class Action Over Sales Strategy
An investor launched a proposed class action against American Airlines over the company's botched sales and distribution strategy, saying that American touted its strategy as driving revenue while hiding the fact that the strategy was "driving customers away" in a Texas federal court on Thursday.
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July 18, 2024
Attorney, Businessman Acquitted Of Crash Report Scheme
A Michigan federal judge on Tuesday cited insufficient evidence and ordered the cancellation of jury convictions against a lawyer and a medical business owner in an alleged scheme to obtain unreleased police crash reports illegally and use the reports to solicit clients.
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July 18, 2024
Another Enphase Investor Suit Claims Execs Hid Slow Growth
Enphase Energy's top brass has been slapped with another shareholder complaint in California federal court, alleging they misrepresented the energy technology company's financial outlook by concealing a decrease in battery shipments and slower manufacturing outputs, which artificially inflated its stock price.
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July 18, 2024
Feds Say UAW Shouldn't Be Able To Keep Info From Monitor
Allowing the United Auto Workers to withhold information from the court-appointed monitor overseeing its cleanup from days of corruption and embezzlement would undermine the purpose of the monitorship, the federal government and the monitor told a Michigan federal judge, asking him to deny the union's bid to shield documents.
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July 17, 2024
SF Vax-Mandate Case Will Go To New Jury After Partial Verdict
A California federal jury considering claims that the San Francisco Bay Area Rapid Transit District discriminated against employees who sought religious exemptions from the train agency's COVID-19 mandate rendered a partial verdict Wednesday but hung on a key question, leaving the case unresolved and setting the stage for another trial.
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July 17, 2024
'Good Try': EEOC Can't Stop Tesla Talking To Putative Class
A California federal judge Wednesday rejected the U.S. Equal Employment Opportunity Commission's bid to bar Tesla from speaking to all putative class members in its lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, rejecting the request while telling its attorney, "Good try, though."
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July 17, 2024
MTA Sued For Bus Service Cuts After Congestion Plan Nixed
New York City's Public Advocate hit the Metropolitan Transportation Authority with a proposed state court class action Wednesday aimed at reversing bus service cuts implemented after Gov. Kathy Hochul abruptly canceled plans for congestion pricing, slashing billions in anticipated revenue for the MTA.
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July 17, 2024
FCC To Vote On Smart Car Technology's Use Of 5.9 GHz
The Federal Communications Commission is ready to vote on rules that would bring advanced vehicle communications technology to the 5.9 GHz band, setting standards for the technology's use in the slice of spectrum and greenlighting the use of in-vehicle and roadside units running on the technology.
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July 17, 2024
Timken Fired Plant Manager Over DEI Push, Conn. Suit Says
A former plant manager says in a Connecticut federal lawsuit that a division of Ohio-based roller bearing supplier Timken violated workplace free speech laws by firing him for citing his own multiracial family while discussing with colleagues his beliefs about the importance of diversity, equity and inclusion initiatives.
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July 17, 2024
NY Judge Sends Suits Over Indianapolis FedEx Shooting To SC
Firearms manufacturer American Tactical Inc has persuaded a New York Judge to send to South Carolina lawsuits that victims of an April 2021 mass shooting at an Indianapolis FedEx facility filed to accuse the company of recklessly advertising a 60-round magazine used in the attack.
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July 17, 2024
United, Union Pacific Must Face Genetic Privacy Suits
United Airlines and Union Pacific Railroad must face proposed class claims that they violated applicants' genetic information privacy rights by requiring them to disclose their family medical history during the hiring process, an Illinois federal judge said in separate orders Tuesday.
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July 17, 2024
Drivers' Transmission Complaints Are 'Old News,' GM Says
Drivers waited too long to file a proposed class action accusing General Motors LLC of selling vehicles with faulty transmissions, the automaker said in a motion Tuesday arguing that many of the claims must be dismissed.
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July 17, 2024
Railroad Can't Halt Damages Bid After Union Drive Firings
Two workers who were fired after backing a union organizing effort can continue seeking punitive and compensatory damages against a railroad, a Colorado federal district court ruled, supporting a magistrate judge's conclusion that blocking the damages request would "eliminate a significant deterrent."
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July 17, 2024
Investigator Argues Mogul's Hacked Data Aren't Trade Secrets
A private investigator accused of taking part in an international hacking conspiracy targeting airline mogul Farhad Azima is looking for a win after a protracted discovery battle, saying Azima has failed to prove the allegedly stolen data contained his trade secrets.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Electrifying Transportation With Public-Private Partnerships
Many clean energy goals remain public policy abstractions that face a challenging road to realization — but public-private partnership models could be a valuable tool to electrify the transportation sector, says Michael Blackwell at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants
The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.