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March 21, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
3 Firms Win Lead Plaintiff Spot In Boeing Chancery Case
Bleichmar Fonti & Auld LLP, Grant & Eisenhofer PA and Scott + Scott Attorneys at Law LLP got the nod Thursday to pursue potentially massive damages in a Delaware Court of Chancery derivative suit on behalf of The Boeing Co. arising from a string of plane crashes and oversight failures.
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March 20, 2025
Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds
An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that Sanyo North America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.
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March 20, 2025
Industry Groups Criticize Withdrawal Of PTAB Denial Memo
Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.
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March 20, 2025
Hesai Says DOD's View On 'Chinese Military Co.' Too Broad
The legal team representing a Shanghai-based manufacturer of lidar products urged a D.C. federal judge to remove the company from the U.S. Department of Defense's list of "Chinese military companies," saying the department's definition of the term is so expansive it could apply to almost any company in China.
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March 20, 2025
Utah High Court Leaves Youth Climate Claims Down For Now
The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.
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March 20, 2025
No Coal Plant Rescue Plans On The Table, FERC Chair Says
President Donald Trump's recent call for his administration to encourage more coal-fired power use hasn't resulted in any order to the Federal Energy Regulatory Commission to craft policies to prop up coal plants, Chairman Mark Christie said Thursday.
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March 20, 2025
Oil And Gas Cos. Say DC 'Greenwashing' Claims Are Too Vague
A D.C. Superior Court judge pressed both sides in the district's consumer protection suit against four major oil and gas companies Thursday to say whether the city's claims that the companies misled consumers through systematic "greenwashing" campaigns fall within the scope of what she called a "very broad" statute.
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March 20, 2025
PTAB Labels Different Constructions Ruling As Informative
The Patent Trial and Appeal Board on Thursday designated as informative a December decision shooting down Cambridge Mobile Telematics Inc.'s challenge to a car crash detection patent, saying it provides guidance on an issue involving claim construction arguments by challengers.
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March 20, 2025
Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground
A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.
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March 20, 2025
Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit
A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.
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March 20, 2025
Shipping Co. Sinks Rival's Antitrust Case Over Guam Routes
Matson Inc. has escaped antitrust claims from the only other shipping company carrying cargo from the U.S. mainland to Guam after a D.C. federal court found American President Lines LLC "failed to deliver" enough evidence showing Matson monopolized the market.
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March 20, 2025
7th Circ. Backs Chicago Rail In Canine Officer's ADA Suit
The Seventh Circuit said Thursday it won't revive a Chicago rail officer's suit claiming he was removed from his canine handler role after testing positive for drugs he had been prescribed, faulting him for failing to respond to the agency's requests to clarify the results.
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March 20, 2025
Toyota's Hino Motors To Pay $1.6B In Emissions Fraud Deal
Toyota unit Hino Motors Ltd. admitted to manipulating emissions and fuel-economy test results for over 100,000 diesel vehicles it sold in the U.S., formalizing part of its $1.6 billion January deal resolving the U.S. Department of Justice's civil and criminal allegations it rigged its test result.
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March 19, 2025
Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
Ex-Eminem Employee Charged With IP Infringement
A former sound engineer for Eminem was charged Wednesday with criminal infringement of a copyright and interstate transportation of stolen goods for selling about two dozen unreleased songs created by the rapper that were then made public on the internet, according to a criminal complaint filed in Michigan federal court.
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March 19, 2025
2 Convicted For Role In 2022 Deaths Of 53 Migrants In Texas
Two men have been convicted by a Texas federal jury for their role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in the Lone Star State in June 2022.
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March 19, 2025
USPTO Acting Head Tells PTAB To Rethink Part Of Tesla Win
The U.S. Patent and Trademark Office's acting director has told the Patent Trial and Appeal Board to reconsider part of a decision backing Tesla's challenge to a patent on artificial intelligence in self-driving vehicles, and sent two more unrelated cases for review by board officials.
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March 19, 2025
NY DOT Says Feds' Bid To Kill Congestion Pricing Is 'Unlawful'
The New York State Department of Transportation told a Manhattan federal judge Wednesday that the Trump administration's efforts to kill New York City's congestion pricing program unlawfully interfere with the Empire State's authority to implement state law and protect New Yorkers' health and welfare.
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March 19, 2025
Utah Hospital Can't Nix EMTALA Claim In Suicide Attempt Suit
A Utah federal court denied a hospital's second attempt to toss a patient's claim under the Emergency Medical Treatment and Active Labor Act, finding that facts remain in dispute regarding the patient's admittance and subsequent transfer to another facility following a suicide attempt.
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March 19, 2025
Texas Justices Skeptical Boeing Can Dodge Airline Union Suit
Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."
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March 19, 2025
NFL Keeps Delaying Wrongful Death Suit, NJ Widow Says
A widow in New Jersey, who is suing the NFL alleging it overworked her late husband to the point of exhaustion and caused his fatal car accident, has told a state court the organization is needlessly trying to delay the case with several postponements already on the record and a recent request for another.
Expert Analysis
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Opinion
Firms Must Speak Up After Trump Orders: An Associate's View
Rachel Cohen at Skadden discusses why she is helping to organize a movement of BigLaw associates urging their firms to stand up for the rule of law after the Trump administration’s moves against Covington, Perkins Coie and Paul Weiss.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Steering Clear Of US Sanctions While Paying Pirates Ransom
Maritime operators, insurers and financial institutions must exercise extreme caution when making ransom payments related to Somali piracy, as the payments could trigger primary and secondary sanctions enforcement by the Office of Foreign Assets Control, says Chelsea Ellis at LMD Trade Law.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.