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Transportation
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July 16, 2024
Puerto Rico Launches Climate Suit Against Fossil Fuel Cos.
The Commonwealth of Puerto Rico has accused Exxon Mobil Corp., BP PLC, Chevron Corp. and other petrochemical companies of deceiving the public about the effects associated with the use and burning of fossil fuels on the island, resulting in severe damage to Puerto Rico's natural resources.
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July 16, 2024
Flight Student Blames Canadian Airplane Co. For NC Crash
Diamond Aircraft Industries Inc. has been hit with a federal lawsuit claiming the Canadian aircraft manufacturer designed and sold a defective single-engine, four-seater plane that had to be crash-landed on an interstate in the mountains of North Carolina during a training flight.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Biggest Transportation Decisions: Midyear 2024 Review
The U.S. Supreme Court's upending of a legal doctrine applying to federal agencies' regulatory powers, the dismantling of JetBlue's proposed acquisition of Spirit Airlines and the preservation of California's authority to set its vehicle emissions standards are among the biggest court decisions so far in 2024 affecting the transportation industry.
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July 15, 2024
JetBlue-Spirit Flyers Seek $20M Atty Fees Following DOJ Win
The private plaintiffs who challenged the failed JetBlue-Spirit merger asked a Massachusetts federal judge to award their counsel at least $20 million in fees, saying they "substantially contributed" to the U.S. Department of Justice successfully squashing the deal and are the prevailing party in their case.
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July 15, 2024
Farm, Fuel Groups Challenge Feds' Land Conservation Rule
The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.
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July 15, 2024
Detroit Must Face Bus Rider's Injury Suit, Mich. Panel Says
The city of Detroit can't escape a lawsuit claiming one of its bus drivers intentionally hit the brakes in an effort to injure a passenger she was arguing with, causing injuries to another commuter, a Michigan appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to governmental immunity.
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July 15, 2024
GM Eyes Deal In Design Patent Fight At PTAB
LKQ Corp. and General Motors Co. are looking to come to a deal to settle a legal dispute over GM's design patent covering fenders at the Patent Trial and Appeal Board.
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July 15, 2024
Yellow Corp. Denied Redo In $137M Teamsters Fight
A Kansas federal judge held firm Monday on her decision to throw out Yellow Corp.'s $137 million lawsuit against the Teamsters, in which the trucking company accused the union of driving it into bankruptcy by fighting a necessary corporate restructuring.
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July 15, 2024
9th Circ. Won't Review Toss Of Youths' Climate Case
The Ninth Circuit has rejected youth plaintiffs' request for an en banc rehearing of a May ruling that dismissed their climate change suit against the U.S. government.
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July 15, 2024
UAW Staff Culture Needs More Work, Monitor Says
Remnants remain of the "culture of fear and reprisal" that gripped the United Auto Workers when union leaders were embezzling funds and accepting bribes from automakers in the 2010s, but progress has been made toward cultural change at the union, a court-appointed monitor said in his latest report.
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July 15, 2024
NHTSA Fuel Economy Suits Consolidated In 6th Circ.
Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.
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July 15, 2024
Auto Defect Suits Taxing Mich. Court Resources, Judge Says
A Michigan federal judge indicated Monday he would approve a $150 million settlement to end class claims that General Motors sold vehicles with defective batteries that make cars overheat and cause fires, as he noted major auto defects cases have been straining the court's resources.
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July 15, 2024
Fiat Chrysler Gets More Infotainment-Defect Claims Slashed
A Michigan federal judge has further slashed a consolidated proposed class action alleging that certain Chrysler minivans and sedans had malfunctioning infotainment systems, axing some claims under Illinois and Pennsylvania consumer protection laws but allowing some claims under California and Florida law to proceed.
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July 15, 2024
Polaris Throttle Defect Blamed For Paralyzing Off-Road Crash
Polaris has been hit with a negligence suit in Washington federal court by an Evergreen state couple who say the motorsport manufacturer is to blame for a throttle malfunction that caused the husband's off-road vehicle to ram into a tree, paralyzing his lower body.
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July 15, 2024
PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11
The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.
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July 15, 2024
State Troopers Settle Ford Interceptor Suit After Sanctions
A group of Washington state troopers have settled claims alleging they were "poisoned" by Ford Motor Co.'s Interceptor vehicles, according to a docket note Monday, less than a week after the troopers' attorney failed to show up for a sanctions hearing on missed discovery deadlines.
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July 15, 2024
Mich. Judge Recuses Himself From Ford Engine Fire Suit
A Michigan federal judge has recused himself, without explanation, from overseeing a proposed class action alleging that Ford Motor Co. concealed a defect in some of its engines that caused fires.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
BorgWarner Accuses Supplier Of Sabotaging Supply Chain
Auto parts manufacturer BorgWarner risks running out of an important part after its supplier allegedly wreaked havoc on the supply chain by refusing to deliver unless BorgWarner agreed to certain price hikes, according to a newly filed federal lawsuit in North Carolina.
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July 15, 2024
Ga. Man Wants $10M After Carnival Truck Collision
A Columbus, Georgia, man is asking for more than $10 million in damages after a truck driver for a South Carolina amusement rides company rear-ended and seriously injured him, according to a suit removed to Georgia federal court Friday.
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July 15, 2024
BMW, Customer Agree To Drop Motorcycle Gear Display Fight
BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Engineering Firms Ink $26.5M Deals To End 'No-Poach' Claims
Four engineering firms have agreed to shell out a total of $26.5 million, while a fifth has pledged to cooperate, to settle a proposed class action alleging they conspired to restrict hiring through "no-poach" agreements, leaving RTX Corp. unit Pratt & Whitney as the sole defendant, plaintiffs told a Connecticut federal judge on Friday.
Expert Analysis
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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Musk Pay Package Ruling Offers Detailed Lesson On Del. Law
Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.