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Transportation
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June 27, 2024
Union Pacific Dodges Black Engineer's Promotion Bias Suit
An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.
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June 27, 2024
NTSB Rips Boeing For Blabbing About Blowout Probe
The National Transportation Safety Board sanctioned Boeing on Thursday for sharing nonpublic details of an ongoing investigation into January's 737 Max 9 midair door plug blowout, deepening the American aerospace giant's regulatory troubles amid multiple probes into its safety culture and quality control.
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June 27, 2024
Sichenzia Ross Guiding Fuel Cell Co. On $130M SPAC Merger
Sichenzia Ross Ference Carmel LLP is advising Infintium Fuel Cell Systems Inc. on a newly inked blank-check company consolidation deal that values the hydrogen fuel cell technology provider at $130 million.
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June 26, 2024
Construction Co. Targets Insurer Over $12.3M Arbitral Award
A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.
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June 26, 2024
FCC Urged To Prevent Abuse Through High-Tech Cars
Privacy and abuse survivor advocates have outlined ways the Federal Communications Commission could safeguard connected car technology to mitigate domestic and sexual abuse, urging the agency to expand and adapt existing rules to limit abusers from using joint cellphone plans to stalk or harass people to apply to data in vehicles with advanced wireless connectivity.
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
State Farm Loses Bid To Skip Atty Fees On Expert Technicality
A Texas appeals court found that State Farm may still have to pony up attorney fees in a case involving an underinsured motorist claim, saying Wednesday that the trial court got it wrong when it granted the insurance company's motion to strike the motorist's expert designation in a bifurcated trial on the fee issue.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
EU Court Tosses Spanish Shipping Cos. State Aid Appeal
A European court on Wednesday once again dismissed a 2014 challenge to the European Commission's move to block a Spanish tax scheme benefiting Spanish shipbuilders and their suppliers.
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June 26, 2024
NCDOT Settles Ex-Worker's Breast Milk Pumping Area Suit
The North Carolina Department of Transportation and a former employee who accused it of failing to provide clean, private space for its nursing workers to pump their breast milk have agreed to settle their dispute, according to new documents filed in federal court.
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June 26, 2024
White House Unveils $1.8B In Transportation Grants
U.S. Transportation Secretary Pete Buttigieg revealed on Wednesday that the agency had awarded $1.8 billion in grants for 148 transportation infrastructure projects across the country, as part of the Rebuilding American Infrastructure with Sustainability and Equity discretionary grants program.
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June 26, 2024
Tesla Says Musk's Pay OK In Texas Affects Del. Class Fee Bid
Tesla Inc. has doubled down on arguments that stockholder ratification of Elon Musk's mammoth compensation plan in Texas should sideline a Delaware Court of Chancery hearing on a potential multibillion-dollar class attorney fee tied to the court's earlier voiding of the same pay package.
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June 26, 2024
NHTSA Declines Calls For 'More Robust' Truck Safety Guards
Roadway safety advocates are chiding the National Highway Traffic Safety Administration after it rejected requests for stricter requirements on rear impact guards on semitruck trailers, used to protect passenger vehicles that crash into the back of trailers, calling the decision "indefensible."
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June 26, 2024
Ga. Panel Affirms Child Care Center Win In Car Crash Row
The Georgia Court of Appeals has upheld a trial court's order granting judgment to a University of Georgia child care center in an auto accident suit, holding the center's attendance policy for employees isn't enough to hold it liable for a crash that took place during a teacher's commute.
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June 26, 2024
Olo Moots Investor's Chancery Suit By Axing Free Takeover
Directors of New York-based online food-ordering venture Olo have mooted a proposed class challenge to a company stock buyback program by effectively barring moves that would give the company's top investor majority control of the business, Delaware's chancellor ruled on Monday.
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June 26, 2024
Investor Appeals Chancery Toss Of $2.4B SPAC Deal Suit
A stockholder of the blank-check company that took electric vehicle company Canoo Holdings Ltd. public in March 2021 has appealed to the Delaware Supreme Court the dismissal of his proposed Delaware Court of Chancery class action challenging the $2.4 billion deal.
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June 26, 2024
Seat Belt Maker Can't Get 6th Circ. To Rethink Supplier Ruling
A Sixth Circuit panel won't reconsider its ruling that a manufacturer of car safety systems can't lock one of its suppliers into a contract to produce seat belt parts at old prices.
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June 25, 2024
Archer Aviation SPAC Deal Blasted As 'Sham' In Chancery Suit
Investors in a blank check company that took vertical takeoff-and-landing aircraft startup Archer Aviation Inc. public in 2021 have accused the venture, controlled by interests of billionaire Ken Moelis, of deceptively hyping its progress and prospects, according to a new Delaware Court of Chancery complaint.
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June 25, 2024
Bulk Of Colo. Climate Case Against Oil Giants Beats Dismissal
A Colorado state judge has paved the way for a county's lawsuit against major oil and gas companies that aims to hold them liable for damages caused by climate change, rejecting bids to toss claims for public and private nuisance, conspiracy and unjust enrichment.
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June 25, 2024
FAA Not Off The Hook In Nevada Plane Crash, 9th Circ. Rules
The Federal Aviation Administration has been dragged back into a $6.5 million lawsuit accusing it of causing a fatal single-engine plane crash, killing its pilot and passenger, after the Ninth Circuit ruled that the agency's air traffic controller breached his duty of reasonable care.
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June 25, 2024
GM Gears Up For Legal Dept. Changes With New Top Lawyer
General Motors said late Tuesday it had recruited a former in-house counsel at Boeing to be its next top lawyer, who will begin the job when the company's longtime legal chief takes a job in GM's driverless car unit next month.
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June 25, 2024
Cummins Brass Face Investor Suit For $2B Clean Air Act Deal
Executives and directors of engine manufacturer Cummins Inc. have been hit with a shareholder derivative suit accusing them of concealing the company's use of unlawful emissions control devices in certain engines, which eventually resulted in a record $1.68 billion fine against the company and more than $326 million in related payments.
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June 25, 2024
Pappas Restaurants 'Invented' Causes In Houston Airport Suit
The city of Houston told a state appeals court Tuesday that it should be shielded from a suit filed by Pappas Restaurants that alleges its procurement process caused Pappas to unfairly lose a 2023 contract with the William P. Hobby Airport because the contract for airport concessions did not require the city to spend any money.
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June 25, 2024
Texas Appeals Court Reverses Dallas Transit Contractor's Win
A Texas appeals court has revived a subcontractor's lawsuit against a company that oversees the Dallas Area Rapid Transit Authority's services for people with disabilities, saying this week the subcontractor's allegations were strong enough to withstand a motion to dismiss.
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June 25, 2024
Norfolk Southern Torched In NTSB Final Derailment Findings
Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.
Expert Analysis
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Assigning Liability In Key Bridge Collapse May Be Challenging
In the wake of a cargo ship's collision with Baltimore's Key Bridge last month, claimants may focus on the vessel's owners and the agencies responsible for the design and maintenance of the bridge — but allocating legal liability to either private or governmental entities may be difficult under applicable state and federal laws, says Clay Robbins at Wisner Baum.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Opinion
Aviation Watch: Not All Airline Mergers Hurt The Public
The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.