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Transportation
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September 20, 2024
Family Of NY Helicopter Crash Victim Wins $116M Verdict
A Manhattan jury has held that three aviation companies must pay a total of more than $116 million for negligence and design defects that contributed to a 26-year-old man's death during a sightseeing helicopter crash in New York's East River.
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September 20, 2024
Delta Air Lines Hit With Passenger Suit Over Hot Coffee Burns
A Delta Air Lines Inc. passenger, who suffered second-degree burns due to a cup of "excessively hot" coffee spilled onto her lap by an allegedly negligent flight attendant, filed suit against the airline, claiming the flight crew downplayed the severity of her injuries.
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September 20, 2024
Amazon Seller Rips Rival As 'Bully' In Fake Reviews Suit
A maker of jump starters for cars on Thursday urged an Ohio federal court to reject a sanctions bid by a Chinese competitor that it accuses of posting fake reviews on Amazon in order to win market share, saying that the company is trying to "bully" its way out of the suit.
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September 20, 2024
Hyundai Unit Unlawfully Fired Cannabis Patient, Suit Says
A subsidiary of Hyundai was hit with a discrimination lawsuit by a former employee in Connecticut who claims her usage of marijuana to manage her post-traumatic stress disorder was the reason for her termination.
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September 20, 2024
SpaceX, Musk Attack FAA Following Proposed Fines
SpaceX is lashing out at the Federal Aviation Administration's "inability to keep pace with the commercial spaceflight industry" days after the agency said it planned to slap the company with $633,000 in fines, prompting founder and majority owner Elon Musk to threaten a lawsuit.
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September 20, 2024
Calif. Panel Backs VW Drivers' $3.5M Data Breach Deal
California appellate justices have upheld Volkswagen and Audi drivers' $3.5 million data breach settlement and rejected an objector's request to intervene and vacate judgment, finding that her disagreement with their litigation strategy doesn't mean her interests weren't adequately represented.
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September 20, 2024
FERC Opens Enbridge Rate Probe Amid Overcharging Fears
The Federal Energy Regulatory Commission has opened a rate probe into a gas pipeline co-owned by Enbridge Inc. and DT Midstream, saying the pipeline may be overcharging its customers.
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September 20, 2024
NYC Lexus Dealership Snags Partial Win In TCPA Text Suit
A Manhattan Lexus dealership was not using technology that violated the Telephone Consumer Protection Act's ban on autodialers, a New York federal judge has ruled, handing the dealership a partial win in a class action accusing it of bugging noncustomers with unsolicited texts.
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September 20, 2024
Families Of 6 Who Died Sue Over Baltimore Bridge Collapse
The families of six workers who died in the March collapse of the Francis Scott Key Bridge in Baltimore hit the companies that owned the cargo ship that brought down the structure with lawsuits Friday in Maryland federal court over their deaths.
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September 20, 2024
US Chamber Warns Del. Justices On TC Energy Case Fallout
The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.
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September 20, 2024
House Passes GOP Push To Nix EPA Auto Emissions Regs
The Republican-controlled U.S. House of Representatives on Friday passed a resolution that would block implementation of the Biden administration's tighter greenhouse gas emissions standards for cars and light trucks, though the legislation is likely dead on arrival in the Democratic-controlled Senate.
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September 20, 2024
Car Crash Claims Against Uber Sent To Arbitration
A New Jersey appeals panel on Friday sent a couple's suit against Uber Technologies Inc. over a car accident to arbitration, finding that a user agreement for Uber Eats that includes an arbitration clause is valid and enforceable.
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September 20, 2024
Jenner & Block Seeks Exit From Plane Crash Fees Suit
Jenner & Block LLP wants out of a lawsuit brought by Kenyan law firm Arwa & Change Advocates LLP related to a 2019 Boeing aircraft crash that killed all passengers on board, arguing that it can't be sued for providing legal advice to a client.
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September 20, 2024
Charges On Spain's Airport Stake Lifted Amid Arbitration Fight
An English court on Friday lifted charges over a Spanish public airport company's interest in a London airport as part of a U.S. renewable energy company's battle to enforce a multimillion-dollar arbitration award against Spain.
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September 20, 2024
Ga. Airport Pat-Down Caused Catastrophic Injuries, Man Says
A man sued the government and several unnamed parties in Georgia federal court Thursday, alleging that he fractured his thoracic vertebrae, spent 52 days in the hospital and had to undergo surgery after an airport screening incident at Hartsfield-Jackson Atlanta International Airport.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 19, 2024
Michigan Judge Clears BMW Of Infringing Navigation Patent
A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.
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September 19, 2024
Texas Med Mal Law Axes Crash Suit Against Ambulance Driver
A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.
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September 19, 2024
Transit Union, Worker Reach $350K Deal To End OT Claim
A Maryland federal court approved a $350,000 settlement between an Amalgamated Transit Union affiliate and a former union employee, resolving the worker's overtime claim under the Fair Labor Standards Act.
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September 19, 2024
Ill. High Court Says Pot Smell Not Grounds For Vehicle Search
Illinois's highest court on Thursday ruled that the smell of burned marijuana does not constitute grounds for a warrantless vehicle search, given that the state legalized recreational marijuana prior to the traffic stop.
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September 19, 2024
Family Sues Union Pacific, Metra Over Fatal Crash
The family of a teenager who was hit and killed by a train while crossing railroad tracks on a foggy winter day has filed suit against the Union Pacific Railroad Co. and Chicago's commuter rail system, claiming they failed to put pedestrian safeguards in place.
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September 19, 2024
GM Asks Full 6th Circ. To Rehear Truck Emissions Fraud Suit
General Motors LLC is asking the full Sixth Circuit for an en banc rehearing of a split decision that revived state law claims from four plaintiffs who alleged that GM misleadingly marked Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they were.
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September 19, 2024
US Argues Court Can't Stop Tribe From Blocking Roads
The U.S. government told a Wisconsin federal judge that a town's lawsuit seeking to stop the Lac du Flambeau Band of Lake Superior Chippewa Indians from barricading roads on tribal land can't be enforced, saying the Native American tribe is immune from the suit.
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September 19, 2024
Union Pacific Contractors Again Escape Texas Enviro Claims
A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Aviation Watch: Mostly Smooth Landing For New FAA Law
The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.