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Transportation
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February 27, 2025
Ford's Electric Mustang Can Trap Occupants, Drivers Say
The Ford Motor Co.'s electric Mustang's electronically latched doors could pose a significant danger and trap the car's occupants in the event of a battery failure or loss of power to the vehicle, according to a proposed class action filed Thursday in California federal court.
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
US Trustee, Creditors Blast GOL Linhas' Plan Disclosure
GOL Linhas noteholders and the U.S. Trustee's Office are asking a New York bankruptcy judge to reject the Brazilian airline's Chapter 11 plan disclosures, saying they lack information on items ranging from claims releases to the company's post-bankruptcy equity value.
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February 27, 2025
VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit
Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."
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February 27, 2025
11th Circ. Urged To Revive Captivity Claims Against Cruise Co.
Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.
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February 27, 2025
Congress Prioritizes Enviro Regs On Nix List
Congressional Republicans have lined up several actions that would undo Biden-era environmental initiatives, from water heater efficiency standards to a Clean Air Act amendment that laid the groundwork for grants that are now in the Trump administration's crosshairs.
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February 27, 2025
NRA Urges High Court to Consider NY Carry Law Case
The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
Congress Sends EPA Methane Fee Rule Repeal To Trump's Desk
Congress on Thursday passed a resolution scrapping the U.S. Environmental Protection Agency's imposition of a methane emissions fee on oil and gas companies, a move that may create uncertainty for industry as the fee remains legally mandated.
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February 27, 2025
Wis. Tribe Says It Won't Block, Ticket During Road Dispute
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads says it will not block their entrances or ticket anyone for using them as long as the litigation continues.
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February 27, 2025
NLRB Tells 6th Circ. Constitution Args Can't Block Board Case
The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.
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February 27, 2025
Boeing Rep Must Testify Again In Folded Airline's 737 Max Suit
A Washington federal judge has partly sided with a defunct South African airline in the latest discovery row in a lawsuit against Boeing over a soured 737 Max deal, ordering the aerospace giant to prepare for another deposition after past corporate representatives purportedly couldn't answer basic questions.
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February 27, 2025
Georgia's Outside Funding Regulations Clear State Senate
The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.
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February 27, 2025
USAA, Mich. Clinics Resolve Billing Fraud Row
United Services Automobile Association said Wednesday that it has resolved its claims against physical therapy providers the insurer alleges solicited car crash victims to refer and bill them for unnecessary medical care.
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February 27, 2025
Relator Fights Discovery Ruling In FCA Suit Against AECOM
A whistleblower accusing AECOM of falsely billing the U.S. Army on a $1.9 billion contract urged a New York federal judge to rethink a decision to deny discovery requests, arguing the company improperly withheld information it's now asserting in a summary judgment bid.
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February 26, 2025
Arkansas Hits GM With Suit Over 'Deceptive' Driver Data Sales
Arkansas' attorney general has become the latest to take aim at General Motors Co. over its data privacy practices, filing a lawsuit in state court Wednesday accusing the automaker of padding its profits by deceptively collecting and selling drivers' private data, which purchasers would then resell to insurance companies.
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February 26, 2025
Mercedes-Benz Drivers Win Class Cert. In Fla. Airbag MDL
A Florida federal judge overseeing the multidistrict litigation over defective Takata airbags granted certification to several single and multistate class of Mercedes-Benz drivers on Wednesday, finding common issues connect the cases and that they can be efficiently managed in a single trial.
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February 26, 2025
Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit
Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.
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February 26, 2025
WDTX Chief Judge Won't Steer Hyundai IP Suit To Albright
The Western District of Texas' top judge has batted down an Oregon tech company's effort to move its patent lawsuit against Hyundai to the court of U.S. District Judge Alan Albright, ruling that the presence of at least three related lawsuits in front of the judge "does not provide this court with sufficient justification for intra-district transfer."
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
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February 26, 2025
Auto Insurer Freed From Covering Gunshot Injury Litigation
An auto insurer doesn't have to cover a driver whose passenger was shot, court papers allege, by a neighbor who was incensed by what he perceived to be reckless driving, a Florida federal judge ruled.
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February 26, 2025
Frontier Airlines Rips Feds' DC Airport Slots Snub
Frontier Airlines Inc. has told the D.C. Circuit that the U.S. Department of Transportation unlawfully excluded it from competing for new slot exemptions at Ronald Reagan National Airport to operate long-distance flights, while carrier Spirit Airlines wants to have a say in the dispute.
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February 26, 2025
Driver's Suit Time-Barred Because Alleged Defect Too Obvious
A supposed defect with a Mercedes-Benz 2016 compact sedan was so apparent that buyers should've been aware of the alleged issue at the time of purchase, a Georgia federal judge has ruled, ending a proposed class action because the driver filed suit too long after he bought the car.
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February 26, 2025
EPA's Enviro Justice Reset Upending Community Relations
The Trump administration's undertaking to root out environmental justice staffers, programs and funding has sown confusion and ruptured relationships with communities that had worked more closely with the U.S. Environmental Protection Agency in recent years.
Expert Analysis
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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John Deere Penalty Shows Importance Of M&A Due Diligence
The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.