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Transportation
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March 24, 2025
Norfolk Southern Must Face Investors' Suit Over Safety Claims
A lawsuit claiming that Norfolk Southern executives propped up stock prices with false claims about the railroad's safety culture has survived the company's motion to dismiss, with a Georgia federal judge ruling Monday that those claims were specific enough to be material for investors who were allegedly deceived up until the 2023 derailment in East Palestine, Ohio.
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March 24, 2025
Energy Giants Urge Puerto Rico Judge To Nix RICO Suit
A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.
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March 24, 2025
Groups Press DC Judge To Unfreeze EPA Climate Funds
Three nonprofits awarded billions of dollars under climate change investment initiatives established under the Inflation Reduction Act have asked a federal judge to restore their access to grant funds that they claim the Trump administration has unlawfully blocked.
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March 24, 2025
American Airlines Seeks Dismissal of Investor Fraud Claims
American Airlines told a Texas federal judge that jaded investors want to spin a simple earnings guidance adjustment into a securities class action, saying the company was transparent when its 2024 sales strategy foundered.
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March 24, 2025
Colo. Justices Take Subcontractor's Forfeit For Excess Case
The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
Older Worker Says Logistics Co. Underpaid Him
A 76-year-old worker said he was forced to retire because a global logistics provider discriminated against him because of his age and disabilities and misclassified him as a manager to avoid paying him overtime, a lawsuit filed in North Carolina federal court said.
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March 24, 2025
Justices Won't Hear Peanut Truck Co.'s Excise Tax Case
The U.S. Supreme Court said Monday it will not hear a Georgia company's case arguing the IRS wrongly denied it an excise tax exemption for the special trucks it makes for peanut farming, letting stand an Eleventh Circuit ruling.
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March 24, 2025
Justices Close Door On Kids' Climate Case
The U.S. Supreme Court on Monday declined to revive a lawsuit from youths alleging that current federal energy policies harm their future by exacerbating climate change.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
11th Circ. Declines To Disturb Tesla Crash Suit Dismissal
The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.
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March 21, 2025
NY AG Notches Another Data Security Deal With Auto Insurer
Root Insurance Co. will pay $975,000 to resolve the New York attorney general's claims that the company failed to protect driver's license numbers and other personal information swept up in a hacking campaign targeting online rate quote tools, marking the fourth settlement that the regulator has reached with auto insurers over alleged data security failings.
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March 21, 2025
Amazon Beats Consumer's Suit Over Late Delivery Again
A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.
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March 21, 2025
Trump Administration Reveals Details On WOTUS Intentions
The Trump administration on Friday revealed that it plans to prioritize clarifying what types of water bodies are covered by the waters of the U.S. Clean Water Act rule during its upcoming review of the Biden-era regulations.
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March 21, 2025
DC Circ. Won't Halt Revamp Of Public Safety Spectrum
The D.C. Circuit has denied requests from two sheriffs' groups and the San Francisco transit system to delay the Federal Communications Commission's order revamping the 4.9 gigahertz spectrum band, which is heavily used by public safety organizations.
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March 21, 2025
BMW Gets PTAB To Knock Out Processor Patent
The Patent Trial and Appeal Board has found that BMW was able to show that all the claims it challenged in a patent for processor technology as invalid as obvious.
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March 21, 2025
Boeing's Ex-CEOs, Suppliers Escape 737 Max Family's Claims
An Illinois federal judge on Friday dismissed a suit from an Ethiopian Airlines crash victim's family alleging former Boeing CEOs were personally liable for the company's negligence, holding the complaint lacks facts regarding what the CEOs knew about the jet's overall safety after another crash five months earlier.
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March 21, 2025
2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight
The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.
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March 21, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.
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March 20, 2025
NTSB Says Maryland Didn't Track Risks Of Key Bridge Collapse
The National Transportation Safety Board recommended Thursday that 68 bridges in 19 states be evaluated for risk of collapse in the event of a vessel strike, and found that Maryland officials failed to adequately calculate vulnerabilities in Baltimore's Francis Scott Key Bridge well before its collapse last year.
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March 20, 2025
3 Firms Win Lead Plaintiff Spot In Boeing Chancery Case
Bleichmar Fonti & Auld LLP, Grant & Eisenhofer PA and Scott + Scott Attorneys at Law LLP got the nod Thursday to pursue potentially massive damages in a Delaware Court of Chancery derivative suit on behalf of The Boeing Co. arising from a string of plane crashes and oversight failures.
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March 20, 2025
Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds
An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that Sanyo North America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.
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March 20, 2025
Industry Groups Criticize Withdrawal Of PTAB Denial Memo
Groups representing major industries have written to the White House expressing "grave concern" about the patent office's withdrawal of a guidance memo limiting when patent challenges can be denied, and large tech companies told a court the office's move bolsters their case against such denials.
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March 20, 2025
Hesai Says DOD's View On 'Chinese Military Co.' Too Broad
The legal team representing a Shanghai-based manufacturer of lidar products urged a D.C. federal judge to remove the company from the U.S. Department of Defense's list of "Chinese military companies," saying the department's definition of the term is so expansive it could apply to almost any company in China.
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March 20, 2025
Utah High Court Leaves Youth Climate Claims Down For Now
The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.
Expert Analysis
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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Cos. Must Prepare For Heightened Trade Enforcement Risks
Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Trump's Day 1 Orders Augur Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.