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Transportation
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August 15, 2024
Rising Star: K&L Gates' Elle Stuart
K&L Gates LLP's Elle Stuart has helped shape maritime legislation in the wake of the turbulent waters of COVID-19 disruptions and increasingly strong hurricane seasons, earning her a spot as one of the transportation law practitioners under age 40 honored by Law360 as Rising Stars.
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August 15, 2024
Delaware Judge Sends Tracking Tech IP Dispute To California
A Delaware federal judge sent a patent infringement suit brought by a company that sells truck driver tracking software to California federal court, questioning in her opinion whether the company "ever fully intended" to pursue its claims in the First State in the first place.
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August 15, 2024
Delta Facing Second Customer Suit Over IT Outage Response
A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.
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August 14, 2024
LinkedIn Can't Shake Privacy Suit Over DMV Data Collection
A California federal judge has refused to ax a proposed class action accusing LinkedIn Corp. of unlawfully obtaining users' personal disability information from the state's Department of Motor Vehicles website, rejecting the company's arguments that it was merely acting as a "recording service" for the DMV and that the dispute couldn't proceed without the agency being added as a defendant.
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August 14, 2024
Tesla Factory Race Bias Class Action Will Go To Trial In 2025
A California judge said at a case management conference Wednesday that a certified class action by Black workers alleging Tesla allowed racial discrimination to run rampant will go to trial in 2025, noting the plaintiff sued in 2017 and "everybody, the plaintiffs and the defense, needs to have closure on these issues."
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August 14, 2024
Holland & Knight Out, Polsinelli In For Tesla After Atty Moves
As Holland & Knight LLP steps out of the U.S. Equal Employment Opportunity Commission's lawsuit alleging Tesla allowed rampant racism to overtake a California factory, a California federal judge allowed Polsinelli PC to step in as the electric carmaker's counsel after three attorneys switched to the incoming firm.
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August 14, 2024
DOJ Defends Boeing Plea Deal Over Families' Objections
The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.
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August 14, 2024
Ill. Judge Trims Ex-Navistar Employee's Collective Wage Suit
A former Navistar employee can pursue wage claims against the manufacturer for allegedly mishandling meal breaks and shift differentials when calculating her pay, but she'll need to beef up allegations regarding protective gear to pursue those in the suit, an Illinois federal judge said Tuesday.
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August 14, 2024
GSA Hit With Protest Over $985M Migrant Kid Transport Deal
Trailboss Enterprises Inc. is protesting the General Services Administration's decision to award a $985.4 million transportation and logistics contract for unaccompanied children in federal custody to a competitor, saying it lost the contract because of a flawed selection process.
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August 14, 2024
Harley-Davidson Liable For $287M In 'Trike' Crash Verdict
A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.
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August 14, 2024
Suit Over United Flight Plunge Remanded To Ill. State Court
A family that sued United Airlines for emotional distress after their December 2022 flight from Hawaii to California took a "precipitous dive" shortly after takeoff can pursue their claims in Illinois state court after a judge determined the suit doesn't belong in federal court.
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August 14, 2024
BP Unit Can't Escape Truck Stop Suit, Developers Claim
Companies suing a BP subsidiary for terminating their truck stop franchise agreement and leaving them stuck with unrecoverable development costs hit back against its "shotgun approach" to have their suit seeking more than $300 million in damages thrown out, telling an Ohio federal judge that their complaint is grounded in compelling claims.
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August 14, 2024
Texas Atty Must Pay Volkswagen $200K In Fees For Patent Suit
A Texas federal judge has ordered litigation firm VDPP LLC and its counsel, Texas attorney William Ramey III of Ramey LLP, to pay Volkswagen $207,543 in fees stemming from a now-dismissed patent case after determining a fee multiplier that applies to "exceptional" cases was appropriate due to the suit's "obvious lack of merit."
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August 14, 2024
Insurer Fights $29M Judgment Over Fatal Crash Coverage
An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.
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August 14, 2024
Boeing Scraps Electric Jet Co.'s $72M Trade Secrets Trial Win
A Washington federal judge on Wednesday canceled a $72 million jury award against The Boeing Co. for misappropriating electric jet startup Zunum Aero Inc.'s trade secrets, finding Zunum offered "only vague and amorphous descriptions" of the trade secrets at trial.
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August 14, 2024
Fuel Co. Can't Halt Fund's Contributions Dispute, Judge Says
An airplane fueling services company can't escape claims from a Teamsters benefit plan seeking more than $150,000 in unpaid contributions and other costs, a New York federal judge ruled, finding ambiguities with provisions in an agreement about contribution obligations preclude dismissal.
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August 14, 2024
Michigan's Airport PFAS Pollution Suit Escapes Foam MDL
A Michigan federal judge has agreed to disentangle state regulators' PFAS pollution claims against an airport from claims against manufacturers of the chemicals, a move that prevents the state's case from being absorbed into multidistrict litigation over firefighting foam.
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August 14, 2024
NC DOT Looks To Ditch Race Bias Suit Over $17.8M Megasite
The North Carolina Department of Transportation wants an early exit from a subcontractor's suit claiming that its Black employees were met with racial discrimination on a large development site, saying the subcontractor's real beef is with the main contractor on the project.
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August 14, 2024
Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.
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August 14, 2024
The Biggest Enviro Decisions Of 2024: Midyear Report
2024 has already been one of the most consequential years for environmental law, and it's only half over. The U.S. Supreme Court issued groundbreaking administrative law decisions, while lower appeals courts resolved questions about California's right to promulgate its own vehicle emissions standards, among other rulings.
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August 14, 2024
Rising Star: Norton Rose's Utsav Mathur
Norton Rose Fulbright's Utsav Mathur represented energy companies in their challenge of the financing structure for a billion-dollar infrastructure project that ultimately made it to the U.S. Supreme Court, earning him a spot as one of the transportation law practitioners under age 40 honored by Law360 as Rising Stars.
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August 13, 2024
Ex-GM Worker Gets 2 Years For Seeking Bribe In $100M Deal
A former General Motors Co. commodity manager was sentenced to two years behind bars Tuesday for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract, the U.S. Department of Justice said.
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August 13, 2024
Musk Can't Ax Fraud Suit Over Twitter Buy, Investors Say
A pension fund has fired back at Elon Musk's bid to dismiss the rest of its amended proposed securities fraud class action in New York federal court that alleges the X Corp. CEO covertly bought more than 5% of Twitter's stocks to save more than $143 million before announcing his intent to buy the social media platform.
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August 13, 2024
Texas AG Targets General Motors Over Unlawful Data Sales
Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.
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August 13, 2024
Tesla, Stockholder Feud In Del. Over Texas Move's Validity
Tesla inc. has fired a Delaware Court of Chancery broadside at a stockholder claim that the company failed to collect a required two-thirds majority vote to convert from a Delaware to a Texas-chartered company, saying the supermajority applies to charter changes rather than Tesla's corporate "redomestication."
Expert Analysis
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Aviation Watch: Mostly Smooth Landing For New FAA Law
The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.