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August 19, 2024
Groups Urge EPA To Ban Dispersants Used In Deepwater Spill
Two advocacy groups on Monday petitioned the U.S. Environmental Protection Agency to immediately stop using two chemical dispersants that were used after the 2010 BP Deepwater Horizon oil disaster and that they say cause a variety of health problems including cancer.
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August 19, 2024
Iraq Can't Escape $120M Port Award
A D.C. federal judge gave a Cypriot construction firm permission to go after Iraqi assets to satisfy a $120 million judgment obtained in a dispute over construction on a major port in the country, rejecting Iraq's bid to escape the arbitration award.
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August 19, 2024
Workers For Auto Parts Co. Want Wage Suit Certified
A group of workers for an automotive parts company pressed a North Carolina federal court to allow their wage shortfall claims to proceed as a collective, saying their case satisfies all the requirements for certification.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
Ford Can't Show Judge Is Biased In Crash Case, Driver Says
Victims of a car crash urged the North Carolina state appeals court to reject a bid by Ford to get a trial court judge booted from a vehicle safety lawsuit, arguing the carmaker hasn't shown the judge is biased by bringing up statements he made years ago as a private attorney who took on the company.
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August 19, 2024
NC Judge Relocates BorgWarner Supply Chain Fight To Pa.
Pennsylvania-based supplier Modern Industries Inc. convinced a North Carolina federal judge to transfer a lawsuit against it by auto parts manufacturer BorgWarner Turbo Systems LLC to its home state, where a related case is already pending.
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August 16, 2024
11th Circ. Partially Reverses Rental Car Co.'s Win In Fee Suit
The Eleventh Circuit has revived a class of consumers' breach of contract claims against a Florida rental car company over allegedly deceptive damaged vehicle costs but affirmed a lower court's finding that the lead plaintiffs did not suffer any actual damages.
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August 16, 2024
Discrimination Claim Row Becomes Party-Line FTC Slugfest
Federal Trade Commission Republicans used partial dissents Friday from the settlement of an agency junk fees enforcement action they otherwise supported to air a string of grievances with the FTC's Democratic majority and its "ongoing effort to unilaterally expand its own authority."
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August 16, 2024
CDK's $100M Deal Puts Auto Dealer Settlements Up To $130M
Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
6th Circ. Won't Rethink Sending Pipeline Fight To Mich. Court
The Sixth Circuit stood by a decision to send a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline back to a Michigan state court Friday, denying Enbridge's request for a hearing in front of the full appellate court.
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August 16, 2024
Rhode Island Sues Cos. For Missing Washington Bridge Flaws
Rhode Island on Friday accused more than a dozen contractors of negligence following the "catastrophic" emergency shutdown of the Washington Bridge, saying the companies missed critical structural deficiencies that has forced the state to spend hundreds of millions of dollars to replace the bridge entirely.
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August 16, 2024
Seaplane Crash Victims' Family Drops Product Liability Claims
The family of two people who died in a seaplane crash that killed 10 near Seattle have agreed to dismiss claims against airplane manufacturer De Havilland Aircraft of Canada Ltd. and its parent company, according to a stipulated dismissal order filed in Washington state.
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August 16, 2024
Mich. Judge Won't Raise $350K Award Against Ford To $15M
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
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August 16, 2024
DC Circ. Rolls Back Pipeline Safety Rules
The D.C. Circuit on Friday threw out a handful of new safety standards for gas transmission pipelines set by the U.S. Department of Transportation, ruling that federal regulators failed to explain why their benefits outweighed their costs.
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August 16, 2024
Ford Says $1.7B Loss Blocks Punitives In Rollover Suit
Ford Motor Co. is asking a Georgia federal court to throw out a bid for punitive damages from the children of a couple who died in a rollover crash, saying punitive damages in a prior $1.7 billion loss in a similar suit bars the claim.
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August 16, 2024
Breaks In Union Work Axed Mechanic's Pension, Judge Says
A longtime mechanic forfeited his union pension by taking two multi-year breaks from accepting union-covered work, an Illinois federal judge ruled, siding with a union pension fund in its dispute with the mechanic over his pension eligibility.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 16, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.
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August 19, 2024
New Jersey Legislation To Watch: A Midyear Report
New Jersey proposals for a corporate transit tax and mandatory business showdowns during sweltering weather have generated concerns from industry sectors fatigued by rising costs, while the rise of artifical intelligence and corresponding legislation appears to have united those fearing the digital-age hazard of "deepfakes."
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August 15, 2024
Uber Gets Most Claims Tossed In Driver Assault MDL, For Now
A California federal judge on Thursday threw out the majority of claims from California and Texas Uber riders in multidistrict litigation that aims to hold the ride-hailing company liable for their sexual assaults; however, the judge gave the plaintiffs the opportunity to amend those claims.
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August 15, 2024
Treasury's Sanctions Unit Slaps Penalties On Houthi Network
An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.
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August 15, 2024
Honda Slams 'Grossly Excessive' Atty Fee Bid In Defect Deal
Honda urged a California federal judge on Thursday to reject a $10.8 million fee request in a consumer settlement that's paid out just $540,000 to Acura car owners with a purported hands-free calling battery-draining defect, blasting the amount as "grossly excessive" under the Ninth Circuit's recent Lowery decision.
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August 15, 2024
DC Circ. Explains Toss Of EPA's Biofuel Exemptions Denial
The Environmental Protection Agency's narrow interpretation of what defines an economic hardship wrongly shut dozens of small oil refineries out of receiving federal renewable fuel blending requirement exemptions, according to a per curiam D.C. Circuit opinion unsealed this week.
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August 15, 2024
Widows Of Plane Crash Victims Claim Part Maker Is To Blame
The spouses of twin brothers who died when their two-seat plane crashed are suing aircraft parts manufacturer Marvel-Schebler, claiming a defect in the company's carburetor caused the crash.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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FTC Drives Crackdown On Connected Cars' Data Privacy Risk
After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.
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Chapter 11 Ruling Signals Emphasis On Lockup Provisions
A New York bankruptcy court's recent ruling in GOL Linhas Aéreas Inteligentes’ Chapter 11 case provides creditors with a strong basis for resisting requests to lock up or otherwise limit their voting rights, say Dania Slim and Andrew Alfano at Pillsbury.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.