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Transportation
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March 13, 2025
9th Circ. Won't Block Consolidation Of Uber Assault Cases
The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.
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March 13, 2025
EPA's Deregulation Road Riddled With Potential Potholes
The U.S. Environmental Protection Agency's plan to unwind dozens of climate change and other pollution control rules confronts the practical reality of laborious federal rulemaking, where any attempted shortcuts may backfire in court.
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March 13, 2025
EPA Tempting Legal Storm With Climate Danger Rethink
The U.S. Environmental Protection Agency's reconsideration of its 16-year-old conclusion that greenhouse gases threaten human health may face arduous litigation if the agency reverses course, given that the scientific and legal foundations for the finding have strengthened over time.
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March 13, 2025
Feds Can't Pause NYC Congestion Pricing Cases
A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.
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March 13, 2025
Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.
A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.
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March 13, 2025
Split 7th Circ. Kills Injunction In Indiana Power Line Dispute
The Seventh Circuit has knocked down an injunction blocking an Indiana right of first refusal law that gives Indiana-based utilities the first shot at securing new transmission project contracts before those from other states.
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March 13, 2025
Bike Parts Maker Fox Factory Beats Post-COVID Investor Suit
Georgia bicycle parts maker Fox Factory Holding Corp. no longer faces a proposed investor class action accusing the company of hurting investors by hiding slumping demand, although a federal judge offered the investor who brought the suit a chance to revise his claims.
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March 13, 2025
UAW Says Volkswagen Dodging Union On Shift Changes
Volkswagen has violated federal labor law by looking to conduct layoffs as part of a shift reduction at a recently unionized plant in Tennessee without bargaining with the union, the United Auto Workers claim in an unfair labor practice charge filed Thursday with the National Labor Relations Board.
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March 13, 2025
Fed. Circ. OKs Injunction Against Innova's Car Circuit Testers
The Federal Circuit decided Thursday to keep an injunction in place stopping sales of Innova Electronics Corp.'s car-testing devices amid allegations those devices infringe a patent by rival Power Probe Group Inc.
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March 13, 2025
Bumble Bee Foods Accused Of Benefiting From Forced Labor
Four Indonesian villagers who allege they were trapped in abusive and dangerous slave-working conditions for years aboard tuna fishing vessels sued Bumble Bee Foods LLC in California federal court, accusing the seafood giant of knowingly benefiting from forced labor in violation of the Trafficking Victims Protection Act.
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March 13, 2025
Drone-Maker Wants DOD Info On Listing As Chinese Military Co.
Drone manufacturer DJI wants the U.S. Department of Defense to turn over classified information behind the decision to list it as a Chinese military company, claiming the materials are essential for its lawsuit contesting the designation.
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March 13, 2025
Fed Unions Challenge Dissolution Of TSA Officers' Labor Deal
A union coalition sued the U.S. Department of Homeland Security in Washington federal court Thursday, claiming it arbitrarily shredded a contract covering airport security officers to punish their union for challenging the president's "anti-worker actions" in court.
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
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March 13, 2025
9th Circ. Affirms Ex-Uber Exec's Conviction Over Data Breach
The Ninth Circuit on Thursday affirmed a former Uber security executive's conviction for attempting to cover up a data breach from government investigators, rejecting his challenges to the jury instructions and strength of the evidence.
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March 13, 2025
Pa. Dealership Settles Painter's Garage-Door Death Claim
The family of a painter who was fatally crushed by an auto dealership's garage door has reached a settlement with almost all the defendants in his wrongful death suit, and the parties are asking a Pennsylvania state court to keep the terms of the deal secret when approving it.
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March 13, 2025
DOL Board Revives H-2B Bid For Hyundai EV Plant
A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.
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March 13, 2025
Trump's EU Threat May Aim To Boost Negotiation Leverage
President Donald Trump continued his trade tactics Thursday, threatening a 200% tariff on European alcohol imports that is almost certain to be another tool to leverage in future negotiations despite the economic uncertainty it creates.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
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March 13, 2025
Auto Repair Biz Exec's Embezzlement Case Ends In Mistrial
A California federal judge has declared a mistrial after a jury was unable to come to a unanimous verdict in an embezzlement case against a former finance executive of RepairPal, a website for auto repair reviews and estimates.
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March 12, 2025
Fox News Cleared Of Sex Assault Claims, But Anchor Isn't
A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.
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March 12, 2025
Calif. Asks Justices To Ax Fuel Groups' Clean Air Waiver Suit
California asked the U.S. Supreme Court on Wednesday to uphold the D.C. Circuit's ruling that biofuel and fossil fuel industry players don't have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing the Golden State to set standards limiting greenhouse gas emissions for vehicles.
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March 12, 2025
EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs
The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
EPA Says Grant Termination Moots Climate Group's Challenge
The U.S. Environmental Protection Agency told a D.C. federal judge Wednesday that its cancelation of $20 billion in grant funding for climate change projects renders moot Climate United Fund's claim that Citibank is illegally denying its disbursement requests.
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March 12, 2025
Mercedes-Benz Urges Judge To Rethink Class In Airbag MDL
Mercedes-Benz USA LLC on Tuesday asked a Florida federal judge to reconsider a decision allowing a group of drivers to form a class as part of a multidistrict litigation lawsuit over faulty airbags installed in its cars.
Expert Analysis
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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Cos. Must Prepare For Heightened Trade Enforcement Risks
Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.