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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.
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March 19, 2025
Ford Explorer Axle-Bolt Suit Dropped By Wash. Plaintiffs
A Washington federal judge on Wednesday closed a proposed class action accusing Ford of selling Explorer vehicles designed with a single unreliable rear-axle bolt, after a pair of vehicle owners told the court they were dropping their case.
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March 19, 2025
Plane Parts Maker Beats NC Appeal In Fatal Crash Suit
Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.
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March 19, 2025
Judge Tosses Vroom Investors' IPO Suit Due To Vague Claims
A New York federal judge has tossed a stockholder class action against Vroom Inc. over issues with its $468 million initial public offering, finding that none of the more than 50 challenged statements in the complaint made about the online car retailer's customer service or business plan are actionable.
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March 19, 2025
Carrier Penalized For Historic Fuel Spill In Connecticut
Soundview Transportation LLC will pay $350,000 in penalties to the state of Connecticut plus millions in private remediation costs for a tank truck accident that caused what the Connecticut attorney general's office says is the largest gasoline spill in state history.
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March 19, 2025
7th Circ. Orders Tax Court To Clarify ESOP Suit Dismissal
The Seventh Circuit axed the U.S. Tax Court's dismissal of a transit company's suit over an employee stock ownership plan, saying the lower court must specify that it lacked the authority to review the case because it was filed before the IRS completed an exam.
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March 19, 2025
Southwest Wins $1.16M Fee Dispute Against Customs Agency
Southwest Airlines does not owe the government $1.16 million in processing fees connected to canceled tickets after the U.S. Court of International Trade ruled that U.S. Customs and Border Protection had no standing to collect those payments.
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March 19, 2025
Broadcasters Say Next-Gen TV Could Back Up GPS
Broadcasters told federal regulators the impending transition to next-generation TV could come with an added benefit — the creation of a broadcast spectrum-based backup to the Global Positioning System.
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March 19, 2025
Atlanta's Transit System Appoints New Legal Leader
The public transit system for the Atlanta area has named a new chief legal counsel who had been serving in the position on an interim basis after his predecessor departed to join Greenberg Traurig LLP in December.
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March 19, 2025
Robbins Geller Escapes Sanctions In Gas Price-Fixing Suit
A California federal judge on Wednesday rejected a bid to sanction Robbins Geller Rudman & Dowd LLP attorneys in a gas price-fixing suit, determining that the firm didn't act in bad faith or unreasonably multiply proceedings in a way that unnecessarily cost Alon USA Energy millions.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Judge Won't Unfreeze Climate Grantees' EPA Funds
A Washington, D.C., federal judge said the U.S. Environmental Protection Agency hasn't provided an adequate explanation for its termination of $20 billion in grant funding for climate change projects and blocked it from taking further action — but declined to order that the money be released.
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March 18, 2025
What To Know About Trump's Pick To Lead The FAA
President Donald Trump's selection of Republic Airways CEO Bryan Bedford to serve as administrator of the Federal Aviation Administration would send a longtime airline executive and licensed pilot to oversee an agency upended by safety mishaps that have intensified scrutiny of the nation's air traffic control system.
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March 18, 2025
Tribe Members Complicate Tesoro Pipeline Row, 8th Circ. Told
Tesoro High Plains Pipeline Co. has urged the Eighth Circuit to deny landowning tribe members' bid to intervene in the company's lawsuit challenging the federal government's right-of-way trespassing claims against it, saying that the United States adequately represents their interests and that they would only complicate the case.
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March 18, 2025
Port Project Fight Belongs In Arbitration, 3rd Circ. Hears
An affiliate of Latin America-focused investment and asset management firm Notarc is urging the Third Circuit to send its dispute over control of a lucrative $1 billion port project near the Panama Canal to arbitration, saying a lower court mistakenly ruled the claims fell outside an underlying arbitration clause.
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March 18, 2025
Norfolk Southern Asks Justices To Skip CSX's Antitrust Case
There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.
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March 18, 2025
Trump Admin Asks 4th Circ. To Halt Employee Rehiring Order
The Trump administration on Monday evening asked the Fourth Circuit for an emergency stay of a Maryland federal judge's restraining order requiring the reinstatement of probationary employees who were fired from 18 federal agencies, saying the suing states don't have standing to represent the fired workers.
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March 18, 2025
6th Circ. Panel Torn On Reviving Chevy Cruze Emissions Suit
A Sixth Circuit panel wrestled Tuesday with whether it is precedent-bound to revive claims that General Motors misled car buyers about the emissions of Chevrolet Cruze vehicles marketed as having "clean" diesel engines.
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March 18, 2025
Deere & Co. Attacks FTC's Right-To-Repair Suit As 'Vague'
Farm machinery manufacturer Deere & Co. is asking an Illinois federal court to nix the Federal Trade Commission's right-to-repair suit, arguing that the company doesn't operate in or exclude others from the equipment repair market, and that the FTC lacks the constitutional authority to sue, among other failings.
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March 18, 2025
Enbridge, Whitmer Spar Over Immunity In Line 5 Lawsuit
A lawyer for Michigan's governor faced tough questioning Tuesday from a three-judge Sixth Circuit panel considering her request to toss Enbridge Energy LP's lawsuit over the Line 5 pipeline, though a judge also suggested that the company's requested relief in the case was "extraordinarily broad."
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March 18, 2025
DC Circ. Gives FERC Chance To Redo LNG Project Approvals
The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.
Expert Analysis
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Cos. Must Prepare For Heightened Trade Enforcement Risks
Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.