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Transportation
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March 20, 2025
Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit
A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.
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March 20, 2025
Shipping Co. Sinks Rival's Antitrust Case Over Guam Routes
Matson Inc. has escaped antitrust claims from the only other shipping company carrying cargo from the U.S. mainland to Guam after a D.C. federal court found American President Lines LLC "failed to deliver" enough evidence showing Matson monopolized the market.
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March 20, 2025
7th Circ. Backs Chicago Rail In Canine Officer's ADA Suit
The Seventh Circuit said Thursday it won't revive a Chicago rail officer's suit claiming he was removed from his canine handler role after testing positive for drugs he had been prescribed, faulting him for failing to respond to the agency's requests to clarify the results.
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March 20, 2025
Toyota's Hino Motors To Pay $1.6B In Emissions Fraud Deal
Toyota unit Hino Motors Ltd. admitted to manipulating emissions and fuel-economy test results for over 100,000 diesel vehicles it sold in the U.S., formalizing part of its $1.6 billion January deal resolving the U.S. Department of Justice's civil and criminal allegations it rigged its test result.
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March 19, 2025
Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
Ex-Eminem Employee Charged With IP Infringement
A former sound engineer for Eminem was charged Wednesday with criminal infringement of a copyright and interstate transportation of stolen goods for selling about two dozen unreleased songs created by the rapper that were then made public on the internet, according to a criminal complaint filed in Michigan federal court.
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March 19, 2025
2 Convicted For Role In 2022 Deaths Of 53 Migrants In Texas
Two men have been convicted by a Texas federal jury for their role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in the Lone Star State in June 2022.
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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.
Expert Analysis
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.