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Transportation
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September 25, 2024
Ex-American Airlines Pilot Cleared In Sex Assault Trial
A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.
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September 25, 2024
Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe
A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.
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September 25, 2024
Pittsburgh Council OKs $500K To Settle Bridge Collapse Suits
The city of Pittsburgh approved handing a Pennsylvania state court $500,000 — the city's maximum liability under state law — so it can bow out of lawsuits brought by people injured in the 2022 collapse of the Fern Hollow Bridge.
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September 25, 2024
Norfolk Southern Names New CLO After Ouster Of Execs
Norfolk Southern Corp. has promoted an employee who has worked in its legal department since 2010 to serve as its chief legal officer following the firing of the woman who previously held the post over her relationship with the transportation giant's ousted CEO.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
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September 24, 2024
Wash. Justices Dubious Of Moonlighting Ban Loophole
Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.
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September 24, 2024
DC Circ. Open To Industry Challenge To TSCA Reporting Rule
A D.C. Circuit panel on Tuesday seemed receptive to two trade associations' challenge to new federal regulations aimed at increasing Toxic Substances Control Act transparency, pressing the U.S. Environmental Protection Agency on a facet of the rule that opponents say would lead confidential chemical information to be divulged.
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September 24, 2024
2 Ex-American Airlines Workers Seek $8M Sex Assault Verdict
Counsel for two former American Airlines flight attendants urged a California federal jury during closing arguments Tuesday to make a retired pilot pay $8.1 million over allegations he sexually assaulted the pair at a hotel during a round-trip journey between Los Angeles and Sao Paulo, Brazil.
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September 24, 2024
Nissan, Truck Owner Split On Seriousness Of Juror Remarks
Nissan told a state appellate panel Tuesday a Harris County judge's investigation into alleged juror misconduct during deliberations in a product liability case against the car manufacturer "presents the most serious invasion of the sanctity of jury deliberations in Texas in a generation," as it fought off an order requiring the case be retried.
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September 24, 2024
10th Circ. Judge Wants More Info Before Arbitration Decision
A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.
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September 24, 2024
Ariz. Cops Can't Revive Late-Filed DUI Suit Against Bars
An Arizona appeals panel on Tuesday refused to revive two police officers' claims against a pair of bars they allege overserved a man who later collided with their vehicles, finding that the trial court correctly dismissed the case as time-barred.
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September 24, 2024
Electric Mustang Drivers Drop Ford Battery Defect Suit
Mustang Mach-E drivers have quietly dropped their suit accusing Ford Motor Co. of selling nearly 50,000 of electric vehicles with a dangerous battery defect that makes the car spontaneously shut off while driving.
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September 24, 2024
Lloyd's Units Seek To Keep $3.4M Yacht Dispute Alive
A group of Lloyd's syndicates and underwriters urged a Washington federal court to reject a yacht builder's bid to avoid reimbursing them for the $3.4 million in coverage they paid after a luxury yacht suffered severe damage when a mobile boat hoist failed during an August 2020 vessel launch.
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September 24, 2024
Md. Says Shipowner Liable For $2B Baltimore Bridge Rebuild
Maryland said the owner and manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge must be held liable for the estimated $1.7 billion cost of rebuilding the bridge, claiming Tuesday that their negligence has caused "grievous impact" to Marylanders, the environment and the regional economy.
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September 24, 2024
FAA Chief Updates House Panel On Boeing Safety Culture Fix
The Federal Aviation Administration's chief told a House panel Tuesday that the agency has "dramatically" increased its oversight of Boeing, as lawmakers raised concerns about the pace of Boeing's safety culture overhaul amid an ongoing labor dispute with 33,000 workers.
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September 24, 2024
Amazon Shareholders Try To Save Suit Over Blue Origin Deal
Stockholders who sued Amazon founder Jeff Bezos and the company's board in Delaware's Court of Chancery for "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service struggled for enough altitude Tuesday to clear defense dismissal challenges.
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September 24, 2024
Norfolk Southern Says Stock Drop Suit Based On 'Hindsight'
Norfolk Southern Corp. is urging a Georgia federal court to throw out a proposed class action alleging it duped stockholders by misleading them about the safety of its operations, leading to a stock drop after last year's derailment in East Palestine, Ohio, saying the claims are a bid to capitalize in hindsight on the crash.
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September 24, 2024
Top Aviation Atty Departs Withers, Lands At Sterlington
Sterlington PLLC said Sunday that it has hired a former Withers partner who is "widely regarded as the top private aviation attorney globally serving ultra high net worth individuals" to serve as the firm's international vice chair, splitting his time between Asia, the Middle East and the U.S.
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September 24, 2024
Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit
A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.
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September 24, 2024
DC Circ. Says Arb. Board Must Handle Rail Union Grievance
Amtrak lost its appeal to a ruling that ordered an arbitration board to consider whether the rail company must use union labor on a newly acquired building, with the D.C. Circuit upholding a Washington, D.C., federal judge's decision Tuesday.
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September 24, 2024
NJ Power Broker Says AG's 'Crime Thriller' Lacks A Crime
Powerful New Jersey businessman George E. Norcross III Tuesday called the Garden State's 111-page indictment alleging he led a scheme to strong-arm the acquisition of waterfront property in Camden through threats of economic and reputational harm a "crime thriller with no crime," and said it must be dismissed.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Toyota Accused Of 'Rotten' Forklift Emissions Compliance
Toyota has been misrepresenting the true emissions levels of the engines in its forklifts and construction machinery, leading businesses to believe the engines were far more environmentally friendly than they actually were, according to a proposed class action filed in California federal court.
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September 23, 2024
Battery Exec Can't Avoid Depo In $2B Plant Fight
Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.
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September 23, 2024
Family Asks NC Justices To Keep $40M Drunk Driving Verdict
A family member of a woman killed by a drunken driver wants North Carolina's highest court to uphold a $40 million verdict, described as the largest amount for such a case in state history, asserting the driver isn't allowed to present arguments that the judgment was a result of an impassioned jury.
Expert Analysis
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.