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Transportation
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August 22, 2024
NC Hot Rod Shop Owner Admits To Not Paying $2M In Taxes
A North Carolina automotive business owner has pled guilty to failing to pay more than $2 million in employment taxes and not filing employment tax returns, the U.S. Department of Justice announced Thursday.
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August 22, 2024
HVAC Co. Can't Upend $3.4M Verdict In Tire Crash Suit
A New Jersey appeals court on Thursday upheld a $3.4 million verdict for a driver who was injured when a tire came loose from an HVAC company's truck and struck his car, saying the trial court wasn't wrong to instruct the jury that the company had the burden of showing the driver's injuries stemmed from another, later accident.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
State Farm Can't Slash Fraud Suit, Even On The Merits
An Illinois federal judge has stuck to her decision not to let State Farm significantly cut down a proposed class action targeting an allegedly unlawful totaled-vehicle valuation formula, even while acknowledging she should have considered the merits of State Farm's arguments.
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August 22, 2024
California Fires Back At Red State Attacks On Climate Torts
California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.
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August 22, 2024
Flyers Chided For Late Bid To Block Alaska-Hawaiian Deal
A Hawaii federal judge refused to pause the planned $1.9 billion tie-up between Alaska Airlines and Hawaiian Airlines on Wednesday, telling attorneys for the passengers and travel agents bringing a merger challenge that they appear to have "forgotten" the case was tossed.
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August 22, 2024
Ex-Delta Attendant Can't Revive Rape Suit, Split 1st Circ. Says
A divided panel of the First Circuit has affirmed a summary judgment win for Delta Air Lines in a suit brought in Massachusetts by a former flight attendant who claimed the airline botched its investigation into her allegations that she was raped by a pilot.
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August 22, 2024
Deals Rumor Mill: Saudi Fund, Disney-Reliance, Repligen
Saudi Arabia’s sovereign wealth fund wants to launch a new cargo airline, India’s antitrust regulators worry about power over cricket rights if the $8.5 billion merger of Walt Disney’s Indian business with Reliance Entertainment is allowed, and drug manufacturing provider Repligen is eyeing Maravai LifeSciences. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 22, 2024
Latham-Led Carlyle Scooping Auto Parts Distributor For $1.5B
Advance Auto Parts said Thursday it has struck an agreement to sell Worldpac Inc., an automotive parts wholesale distribution business, to private equity firm Carlyle for $1.5 billion, as the company looks to streamline operations amid declining profits.
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August 21, 2024
Lion Air Families Want Full 7th Circ. To Hear Boeing Case
The last two estates pursuing claims over 2018's Lion Air crash argued Wednesday that the full Seventh Circuit should rehear their bid for jury trial damages relating to injuries the victims experienced over land because their initial panel applied the governing law in a way that was never intended.
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August 21, 2024
9th Circ. Upholds Toss Of Suit Over Car Insurer's Data Breach
The Ninth Circuit on Wednesday refused to revive a proposed class action accusing auto insurance provider Noblr Reciprocal Exchange of failing to safeguard driver's license numbers exposed in a 2021 data breach, finding that the plaintiffs had failed to credibly allege that their data had actually been stolen.
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August 21, 2024
Northern Trust's $2.5M Deal Approved In AutoZone 401(k) Suit
A Tennessee federal judge on Wednesday granted preliminary approval to a $2.5 million deal to end class claims from participants in AutoZone's 401(k) employee plan who alleged Northern Trust shirked its duties as their 401(k)'s investment adviser.
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August 21, 2024
Alaska Air Seeks Clarification In Rogue Pilot Case
Alaska Airlines has urged a Washington state judge to clear up his decision to partially dismiss a lawsuit alleging an off-duty crew member tried to crash a flight in October, saying the ruling doesn't clearly state the passengers suing the company can no longer pursue claims rooted in federal aviation safety regulations.
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August 21, 2024
Split 6th Circ. Partly Revives GM Drivers' Truck Emissions Suits
A divided Sixth Circuit panel on Wednesday revived drivers' state-law claims in consolidated litigation alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, rejecting a district court's finding that the claims conflicted with federal law.
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August 21, 2024
NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight
The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.
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August 21, 2024
Car Buyers Say Claims Are Tolled Because GM Hid Defects
A proposed class of car buyers is urging a Michigan federal court not to dismiss their suit claiming General Motors sold vehicles with defective transmissions, saying the automaker hid the defect, so they couldn't have discovered it until recently.
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August 21, 2024
Boeing Seeks Chancery Bar To Early Books Suit Depositions
The Boeing Co. has asked a Chancery Court magistrate to shoot down a stockholder push for an order requiring early-stage depositions of company officials in support of a recent books and records suit, saying it's a new litigation pressure tactic.
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August 21, 2024
Judge Says Debtor Plan Will Get Hearing In Eletson Ch. 11
A New York bankruptcy judge Wednesday said he will give a hearing to all three Chapter 11 plans proposed for shipping company Eletson Holdings, rejecting arguments that the creditor voting results spell the end of Eletson's proposal.
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August 20, 2024
Feds Say Chevron Doesn't Change Auto Standards Litigation
The federal government told the D.C. Circuit that the U.S. Supreme Court's opinion axing federal agency deference doesn't aid Republican-led states' and industry's attempt to undermine tighter greenhouse gas emissions standards for vehicles.
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August 20, 2024
USDOT Floats Vehicle-To-Everything Deployment Plan
The U.S. Department of Transportation is setting out an aspirational timeline for vehicle-to-everything infrastructure deployment, saying it wants to see the technology deployed on 50% of the nation's highways by 2031.
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August 20, 2024
NJ County, Bus Co. Will Pay $26M To Settle Crash Injury Suit
A southern New Jersey county and a charter bus company have agreed to pay a combined $25.75 million to resolve a lawsuit brought by the family of a man who suffered a traumatic brain injury after being hit by a county bus, according to an announcement Monday.
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August 20, 2024
Fla. Jury Awards Motorcyclist $8.5M After Box Truck Crash
A Florida state court jury awarded a motorcyclist $8.5 million for medical expenses in a lawsuit she brought against the driver of a box truck following a 2022 crash that left her with a mangled leg.
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August 20, 2024
6th Circ. Refuses To Force Arbitration In ERISA Suit
The Sixth Circuit refused Tuesday to let two auto part companies compel individual arbitration in a lawsuit alleging they allowed their employee retirement plan to be loaded with shoddy investment options, ruling that enforcing the pact would prevent workers from seeking planwide remedies allowed by benefits law.
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August 20, 2024
At-Fault Driver Must Repay $4M Policy Limit, Insurer Says
An insurer is seeking reimbursement of a $4 million policy limit it contributed to a $10 million settlement in connection with separate, underlying personal injury lawsuits stemming from a car accident, telling a Georgia federal court the at-fault driver entered an agreement admitting liability for the accident.
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August 20, 2024
Boat-Maker Sued Over Anchor Issue Stranding Owner
A Tennessee boat-maker, Malibu Boats Inc., was hit with a proposed class action claiming its anchor systems are poorly designed, causing one boater to become stranded and require rescue by the U.S. Coast Guard.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Ch. 11 Ruling Clarifies Cross-Border 'Alternative A' Scope
A New York bankruptcy court’s recent ruling in airline holding company SAS’s Chapter 11 case — addressing the applicability of Alternative A, which is similar to Section 1110 of the U.S. Bankruptcy Code — is a cautionary tale for contracting European Union member states that have adopted Alternative A domestically but have not made a formal declaration, say attorneys at Pillsbury.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.