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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts
Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.
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July 25, 2024
Amazon Contractors Say Partner Broke Deal, Cut Them Out
Two owners of an Amazon deliveries contractor have alleged in North Carolina's Business Court that a third partner pushed them out of the company to keep their cut of profits, asking for a court declaration that the third partner violated their business agreement.
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July 25, 2024
CSX Gets Trial Win In NY Railroad Switch Injury
A New York federal jury has sided with CSX Transportation Inc. in a suit by a man who alleged he was injured when a railroad switch closed on his foot, finding the company was not negligent on the day of the man's injury.
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July 25, 2024
11th Circ. Won't Rehear State Farm Auto Policy Coverage Row
A three-judge panel in the Eleventh Circuit said Thursday they won't rehear their decision dismissing a proposed class action brought by a State Farm policyholder alleging that the insurer's denial of coverage for her medical expenses following a car accident was based on an ambiguous "reasonableness" standard.
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July 25, 2024
Lawmakers Take Stab At Energy Permitting As Election Looms
U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.
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July 25, 2024
Solar Tech Co. Investor Drops Securities Action
An Enphase Energy Inc. shareholder told a California federal judge he's voluntarily dismissing a proposed class action alleging the energy technology company and its executives had failed to disclose slow growth trends.
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July 25, 2024
Conn.'s Added Tax On Warranties Called Double Taxation
The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.
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July 25, 2024
Justices Urged To Hear Red State Bid To End Climate Torts
Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.
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July 25, 2024
Pot Rescheduling Could 'Compromise' Transit Drug Testing
Federal traffic investigators are urging the U.S. Drug Enforcement Administration to tread carefully should it move forward with rescheduling marijuana, saying any policy change must allow for drug testing of airline pilots, truck drivers and other "safety-sensitive" transportation jobs.
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July 25, 2024
Hertz Tells Chancery Warrant Holders Are Misreading Contract
A pair of investment funds that acquired 9 million warrants from Hertz after its bankruptcy and later sued the car rental company for breach of contract misinterpreted the warrant agreement, and their lawsuit should be dismissed, Hertz said in a response to the complaint brought before Delaware's Court of Chancery.
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July 25, 2024
6th Circ. Judge Questions GM's Arbitration Argument Delay
A Sixth Circuit judge pressed General Motors on Thursday about why it waited three years to argue that some plaintiffs were bound by arbitration agreements in a class action over allegedly defective transmissions, saying a major car company should be aware most consumers sign such contracts.
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July 25, 2024
The 5 Biggest Mass. Top Court Rulings Of 2024 So Far
It was an eventful first half of 2024 for Massachusetts' top appellate panel, which issued a landmark sentencing ruling, weighed in on time limits in civil cases and addressed whether an attorney falling asleep mid-trial is grounds for a successful appeal.
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July 25, 2024
DP World Wins OK Of $194M Award Against Djibouti
A D.C. federal judge entered a $194.3 million judgment against the Republic of Djibouti, enforcing an arbitration award secured by a Dubai-based port terminal operator in a long-running legal battle over an international container terminal in the East African country.
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July 25, 2024
8 Firms Guide Pair Of IPOs For Health Provider, Airline Giant
Occupational health services provider Concentra Group Holdings Parent Inc. and South American air travel giant Latam Airlines Group SA debuted in trading Thursday after pricing listings that nearly raised $1 billion combined, guided by eight law firms total.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 24, 2024
Boeing, DOJ Finalize 737 Max Plea Deal
The Boeing Co. has finalized its agreement to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing Wednesday evening.
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July 24, 2024
FERC Can't Give Pipeline More Time, Green Groups Say
Conservation groups are urging the D.C. Circuit to throw out a three-year deadline extension the Federal Energy Regulatory Commission granted for the completion of a southern extension of the controversial Mountain Valley pipeline.
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July 24, 2024
Delta Air Targeted In DOT Probe Following Global Tech Outage
Delta Air Lines is being investigated by the U.S. Department of Transportation over its handling of massive flight cancellations since the global outage Friday that left passengers stranded in airports waiting hours to reach customer service representatives and resulting in thousands of complaints, the agency announced Wednesday.
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July 24, 2024
Exxon Loses Bid To Ditch Conn. Climate Change Fraud Suit
Exxon Mobil Corp. cannot escape Connecticut's lawsuit accusing it of deceiving consumers about the negative impact of fossil fuels on the earth's climate, a state judge ruled Tuesday in rejecting the oil and gas giant's contention that it can't be sued in the Nutmeg State.
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July 24, 2024
6th Circ. Floats Remand Of Geico Agent Misclassification Suit
The Sixth Circuit on Wednesday pressed Geico about plan documents reviewed by a lower court when it tossed agents' claims they were misclassified as independent contractors, floating the possibility of sending the case back for limited discovery.
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July 24, 2024
Boulder Wants Suncor Back In Colorado Climate Suit
The city of Boulder, Colorado, and Boulder County have asked a Colorado state judge to certify part of his judgment dismissing Canadian oil and gas company Suncor Energy from the municipalities' climate change lawsuit so they can appeal that decision and bring Suncor back in.
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July 24, 2024
GM Drops 6th Circ. Faulty Fuel Pump Appeal
The Sixth Circuit won't hear an appeal by General Motors, which initially sought to decertify seven state classes of diesel truck drivers who claimed GM sold them faulty fuel pumps, after the automaker voluntarily pulled back its bid as the parties inch closer to a $50 million deal.
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July 24, 2024
Tire Biz Can't Delay Duties Under Relief Order For Other Cos.
An importer that hadn't participated in a lawsuit challenging duties on Chinese tires can't benefit from a court order temporarily suspending duty collection while the case was underway, the U.S. Court of International Trade said.
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July 24, 2024
EV Co. Scores Initial OK On $13M Deal To End Investor Suits
A Colorado federal judge has granted preliminary approval to a $13.3 million settlement resolving shareholder lawsuits against commercial electric-vehicle company Lightning eMotors, whose executives and directors had been accused of touting unrealistic growth projections in the lead-up to a 2021 merger.
Expert Analysis
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How American Airlines ESG Case Could Alter ERISA Liability
Spence v. American Airlines, a Texas federal case over the airline's selection of multiple investment funds in its retirement plan, threatens to upend the Employee Retirement Income Security Act's legal framework for fiduciary liability in the name of curtailing environmental, social and governance-related activities, say attorneys at Mayer Brown.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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What To Know About IRS' New Jet Use Audit Campaign
The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Ruling In La. May Undercut EPA Enviro Justice Efforts
A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.