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Transportation
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August 20, 2024
Utah Tells Justices Feds Must Relinquish Land In State
The federal government is unconstitutionally hoarding and profiting from public lands in Utah, and the state is missing out on economic and development opportunities that are rightfully its own, it told the U.S. Supreme Court in a proposed lawsuit filed Tuesday.
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August 20, 2024
Terrorized Air Passenger Case Tossed For Failure To Amend
Fifteen passengers can no longer pursue claims against American Airlines and regional carriers for negligently allowing a worker to tap into their private information so he could fuel a monthslong harassment campaign, a Connecticut federal judge ruled, saying the plaintiffs failed to meet a filing deadline.
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August 20, 2024
EPA Urges DC Circ. To Uphold Particulate Matter Rule
The U.S. Environmental Protection Agency is defending its decision to ratchet down a fine particulate matter air pollution standard, telling the D.C. Circuit that states and industry groups challenging it aren't seriously questioning the scientific support for the change and misread the Clean Air Act to argue that the agency overstepped.
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August 20, 2024
Estates Say BNSF, Zurich Delayed Settling Asbestos Claims
BNSF Railway Co. and its Zurich insurer breached their claim handling duties owed to asbestos claimants, the estates of two claimants told a Montana federal court, saying the companies turned insurance protection into "an investment in accrued and ongoing human suffering."
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August 20, 2024
Forward Air Investor Urges Co. To Evaluate Sale Options
Forward Air Corp. top-10 shareholder Ancora Holdings Group LLC on Tuesday urged the asset-light transportation services provider's board of directors to evaluate "any and all" strategic alternatives after Forward Air's $3.2 billion merger with Omni Logistics LLC "wiped out a tremendous amount" of shareholder value.
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August 20, 2024
LOT Polish Airlines Objects To DOJ-Boeing 737 Max Plea Deal
LOT Polish Airlines has urged a Texas federal judge to reject Boeing's plea agreement with the U.S. Department of Justice, saying the deal deprives restitution to airline customers that incurred millions in losses because Boeing defrauded regulators about the 737 Max 8's development.
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August 20, 2024
Pa. Justices Say No Public Benefit To Railroad Land Grab
The general public needed to be the primary beneficiary for a railroad to use eminent domain to take over part of a property and reactivate a siding, and that standard was harder to meet now compared with when a century-old precedent was set, the Supreme Court of Pennsylvania ruled Tuesday.
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August 20, 2024
Insider Trading Won't Impact Pilot's Tax Sentencing Guidelines
A Manhattan federal judge found Tuesday that insider trading allegations won't bump up the guidelines sentencing range for a pilot for U.K. billionaire Joe Lewis who pled guilty to tax evasion.
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August 20, 2024
US Forest Service Sued Over Ariz. Canyon Road Approval
Environmental groups have slapped the U.S. Forest Service with a complaint in Arizona federal court, accusing the agency of violating the National Environmental Policy Act by allowing the construction of three roads into remote canyons in the Coronado National Forest that could destroy one of the last natural jaguar habitats in the United States.
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August 20, 2024
Ex-NFLer Says False Claim He's 'Insolvent' Merits Sanctions
A former NFL player has asked a state judge to sanction a former employee who recently dropped her sexual abuse claims by saying he was likely "insolvent" and unlikely to pay even if she won, arguing the false comments about his finances cost him work opportunities.
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August 20, 2024
Pa. Panel Says Estate Is Entitled To Stacked UIM Coverage
The estate of a Pennsylvania man who died assisting a motorist is entitled to stacked underinsured motorist benefits under a commercial policy issued to a trucking business the man controlled, a state appeals court ruled, noting the trucking company already paid higher premiums for such coverage.
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August 20, 2024
Kansas Resolves Fired Trans Highway Worker's Bias Suit
Kansas lawmakers approved a $50,000 settlement ending a former highway patrol worker's lawsuit alleging he was fired because he's transgender amid an investigation into whether he'd harassed a female colleague.
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August 20, 2024
Appeal Board Says Unpaid Army Invoice Claims Too Late
The Armed Services Board of Contract Appeals has tossed as untimely a moving company's appeals over unpaid invoices, saying that although the U.S. Army caused the payment delays, the contractor could and should have filed its claims earlier.
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August 20, 2024
NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims
The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.
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August 20, 2024
Argentina Must Face $325M Arbitral Award Suit, Judge Says
A District of Columbia federal judge will not toss a suit seeking to enforce a $325 million arbitration award against Argentina related to a decade-old dispute over the renationalization of the country's state-owned airline, ruling that the lawsuit is timely under a 12-year statute of limitations period.
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August 20, 2024
Honigman Boosts Regulatory Team In DC With Ex-NHTSA Atty
Honigman LLP announced that a former senior attorney with the National Highway Traffic Safety Administration has joined the firm as senior counsel in Washington, D.C.
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August 20, 2024
Mass. AG Can't Enforce Housing Act, State's Top Court Told
Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
BNSF Urges 5th Circ. To Nix Colorblind Conductor's ADA Suit
BNSF Railway Co. urged the Fifth Circuit to reject a colorblind conductor's bid to revive his disability bias suit claiming he was illegally fired for failing a vision test, arguing that the former employee's impairment disqualified him for the job.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Alaska, Hawaiian Airlines Clear DOJ Review Of $1.9B Deal
Alaska Airlines said Monday that the deadline for the U.S. Department of Justice to complete the review of its planned $1.9 billion merger with Hawaiian Airlines has expired, paving the way for the closure of the deal after the DOJ's deadline had been extended several times.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
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August 20, 2024
EU Tweaks Anti-Subsidy Duties On Chinese EVs
The European Commission said Tuesday that it is adjusting the anti-subsidy duties that it will charge Chinese exporters of electric vehicles, a move that it had provisionally announced at the beginning of July.
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August 19, 2024
Military Reservist Tells High Court Top-Up Pay Law Is Broad
A federal employee who was denied top-up pay while on active duty as a military reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Challenges Remain In Financing Energy Transition Minerals
COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.