Transportation

  • June 03, 2024

    Slipshod Shipping Cost Analysis Lands Commerce Remand

    The U.S. Department of Commerce must check its work on duties covering mobile lift equipment after the U.S. Court of International Trade deemed its shipping cost data analysis a "mixed bag" that could have led to a different rate.

  • June 03, 2024

    Jeep Driver Files Proposed Class Suit Over Battery Defect

    Stellantis North America has been slapped with a proposed class action in California federal court alleging that although the carmaker's 2021 Jeep Wrangler Unlimited 4XE suffers from a serious battery system defect, the company has refused to issue a recall or fix the vehicles.

  • June 03, 2024

    Del. Court Tosses SPAC Suit Targeting $2.4B EV Co. Deal

    A Delaware vice chancellor has tossed a suit filed by an investor of a blank-check company challenging the $2.4 billion take-public deal it completed with electric-vehicle company Canoo Holdings Ltd., saying the investor's allegations of poor performance are not enough to assert claims for breaches of fiduciary duties.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    DHL, Courier Service Agree To Shell Out $1M In OT Suit

    DHL and its direct courier services told a Washington federal court they have agreed to shell out $1 million to a group of drivers who claimed they were paid a flat daily rate that did not include overtime.

  • June 03, 2024

    Printing Co. Loses Bid To Revive Tesla Screen Defect Suit

    The Fourth Circuit has thrown out a printing company's lawsuit alleging Tesla refused to permanently fix a defective touch screen, with a panel ruling the defect wasn't present when the vehicle was sold, as required by the standards of a breach of warranty lawsuit.

  • June 03, 2024

    States Say Biden Admin's LNG Export Pause Is Actually A Ban

    A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.

  • June 03, 2024

    Mich. Justices Take Up 'Sidewalk Exception' In Trip Case

    The Michigan Supreme Court has said it will consider whether the city of Detroit may be liable for a man's injuries suffered when he tripped over a metal post embedded in a sidewalk, in an appeal focused on the scope of an exception to governmental immunity.

  • June 03, 2024

    Jury Trials Dwindle In State Courts; Fall Started Before COVID

    Jury trials have continued to "vanish" from state courts, despite seeing a slight bump following the pandemic shutdowns, with 2021 seeing fewer than half the number of jury trials as 2019 and one-third the number held in 2007, according to a new report from the National Center for State Courts.

  • June 03, 2024

    Attys Get $10M In Fees In Family Dollar Infestation Deal

    A Tennessee federal judge has granted $10 million in fees to attorneys representing consumers following a settlement to resolve multidistrict litigation stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, finding the fees reasonable for the work done on the case.

  • June 03, 2024

    5th Circ. Affirms Insurer's Win In Store Crash Coverage Suit

    An insurer didn't breach its policy with the owner of a Texas convenience store when it denied coverage for roof damage after a vehicle crashed into the store, the Fifth Circuit has affirmed, saying the owner failed to create a genuine dispute that any damage to the roof was attributable to the crash.

  • June 03, 2024

    Design Patents May Be Harder To Get Under New Test

    The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.

  • June 03, 2024

    Former Trucking Worker Urges Class Status In 401(k) Fee Suit

    A former trucking company employee has urged a South Carolina federal court to certify a 10,000-member class in his lawsuit accusing his former employer of saddling its retirement plan with excessive fees, saying the company's actions affected all plan participants.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Subaru Drivers Reach Class Deal Over Defective Fuel Pumps

    A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.

  • May 31, 2024

    Kioti Execs Siphoned $7.7M Through Service Scheme, Suit Says

    Former executives for the maker of Kioti tractors and mowers siphoned away nearly $7.7 million from the company through an exploitative and self-dealing scheme with a financial services business, the manufacturer said in a North Carolina Business Court complaint filed Friday.

  • May 31, 2024

    States, Energy Organizations Urge Demise Of EPA Water Rule

    Conservative-leaning states and energy industry groups have asked a Louisiana federal judge to strike down the U.S. Environmental Protection Agency's rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.

  • May 31, 2024

    Texas Justices To Take On Parking Garage Easement Suit

    The Texas Supreme Court agreed Friday to review a Texas appellate court's decision granting judgment to a garage owner who refused to allow the tenants and employees of a downtown office building continue parking in the garage despite a written parking easement.

  • May 31, 2024

    State Climate Superfund Laws Will Face Fossil Fuel Fightback

    A first-of-its-kind law in Vermont will impose Superfund-like liability and cleanup tabs on fossil fuel companies for climate change-related damages, though legal experts predict the industry will fight such laws as fiercely as it's fought climate tort lawsuits brought by state and local governments.

  • May 31, 2024

    Musk, Tesla Board Face Suit Over Insider Trades, SEC Order

    A Tesla stockholder has launched a derivative lawsuit in Delaware's Chancery Court seeking damages from co-founder Elon Musk and seven company directors over Musk's sales of more than $7.5 million in shares in late 2022, accusing the billionaire of leveraging insider information and flouting a six-year-old federal consent agreement.

  • May 31, 2024

    Fla. Judge Won't Nix SEC Suit Over $112M Ponzi Scheme

    A Florida federal judge declined on Friday to let the owner of a Florida trucking and logistics company escape allegations by the U.S. Securities and Exchange Commission that he scammed more than 1,500 investors out of about $112 million in a Ponzi scheme aimed at Haitian Americans.

  • May 31, 2024

    Texas Justices Won't Review Boeing, Union Back Pay Suit

    The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages from Boeing after the Federal Aviation Administration grounded its 737 Max plane in 2019. 

  • May 31, 2024

    Utah Sues To Throttle Federal Glenn Canyon ATV Limits

    The state of Utah is arguing that federal officials can't enforce a 2021 ban on ATVs and other off-road vehicles in sections of the Glenn Canyon National Recreational Area, in a federal lawsuit claiming immunity from rules that grew out of a 2005 lawsuit brought by environmental groups.

  • May 31, 2024

    Boat Owner's $1.85M Policy Void In Fire Dispute, Judge Says

    A Florida federal court declared a yacht owner's marine insurance policy void from inception, saying the owner, who was seeking coverage for a 2023 boat fire, materially misrepresented the price of the vessel.

  • May 31, 2024

    Maritime Employees Stiffed On Sick Leave, Wash. Court Told

    A nonprofit representing shipping industry employers and a Washington state marine terminal operator have not been providing longshoremen with paid sick leave in violation of state wage law and a Seattle city ordinance, a longshoreman told a state court.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

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    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

  • Retailers: Beware Legislator And Regulator Junk Fee Focus

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    In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Biden Climate Push Expands With Contractor GHG Focus

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    President Joe Biden's recent announcement that federal agencies will consider contractors' greenhouse gas emissions when making procurement decisions demonstrates his administration's continued interest in using government contracting as a vehicle for reducing climate-related impacts — a theme first established in the early months of his term, say attorneys at Winston & Strawn.

  • White House AI Order Balances Innovation And Regulation

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    President Joe Biden’s recently issued executive order on artificial intelligence lays out a sprawling list of directives aimed at establishing standards for safety, security and privacy protection, and may help strike the balance between the freedom to innovate and the need to impose regulation in this rapidly evolving space, say Kristen Logan and Martin Zoltick at Rothwell Figg.

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