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June 18, 2024
9th Circ. Asked For En Banc Review In Youths' Climate Case
Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.
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June 18, 2024
7th Circ. Brings Back Cruise Worker's OT Suit
The Seventh Circuit revived a proposed collective action Tuesday accusing a steamboat cruise company of depriving workers of overtime wages, finding Indiana arbitration law states that the pact the worker and company signed is governed by, and is invalid under, the Federal Arbitration Act.
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June 18, 2024
2nd Pa. Jury Can't Agree On Uber Black Drivers' Status
A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.
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June 18, 2024
CACI Can't Claim Costs For Bid To Dismiss $74.4M Navy Deal
A Virginia company can't recoup costs incurred while protesting a competitor's $74.4 million naval contract award after the U.S. Government Accountability Office found that the objections to the award, some of which were dismissed, didn't clearly have merit.
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June 18, 2024
Uber And Lyft Dodge Tracking Patent Litigation
A California federal court has issued a pair of patent eligibility rulings that have ended an inventor's infringement litigation against ride-hailing apps Uber and Lyft.
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June 18, 2024
Frontier Airlines Passholder Suit To Be Arbitrated
Frontier Airlines Inc. has successfully pushed out of court a proposed class action claiming its "All You Can Fly" passes are "relatively unusable," after a Colorado federal judge ruled that there is nothing "substantively unfair" about the arbitration clause to which the would-be passengers agreed.
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June 18, 2024
Ford Says Sanctions Violated Due Process In $1.7B Case
Attorneys for Ford Motor Co. urged the Georgia Court of Appeals on Tuesday either to order a new trial or substantially reduce a record-setting $1.7 billion punitive damages verdict returned against the automaker in litigation over a fatal rollover, arguing the award resulted from "death penalty sanctions" that essentially directed a verdict against it.
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June 18, 2024
Korean Airline Can't Get $50M Catering Award Nixed
A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.
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June 18, 2024
Amazon Union Workers Vote To Affiliate With Teamsters
Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.
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June 18, 2024
10th Circ. Won't Revive Airline's Union Election Challenge
A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.
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June 18, 2024
Musk Pay Claims Still Alive After Texas Vote, Chancery Told
Attorneys for Tesla stockholders who won a Court of Chancery order voiding CEO Elon Musk's mammoth stock-based compensation plan in January are rejecting as having no legal effect a vote last week to ratify the same 10-year package, once valued at $56 billion.
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June 18, 2024
EPA Tells DC Circ. That Smog Plan Is Legally Sound
The U.S. Environmental Protection Agency on Monday defended its plan to reduce smog-forming emissions in several states, telling the D.C. Circuit that it's taken a sensible approach to cracking down on upwind pollution using a formula that has been backed by the U.S. Supreme Court.
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June 18, 2024
Electric Vehicle Startup Fisker Hits Ch. 11 With Sale Plans
Electric vehicle company Fisker Group Inc. has petitioned for Chapter 11 protection in Delaware bankruptcy court with more than $100 million of debt, months after the collapse of a potential partnership with a major automaker imperiled the startup's attempts to raise new financing.
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June 17, 2024
Startup Wants To Add More Than $200M To Boeing IP Verdict
Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.
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June 17, 2024
BNSF's $75M BIPA Deal With Truckers Nears Final OK
A $75 million biometric privacy settlement between BNSF Railway Co. and a class of truck drivers who challenged the railroad's gate-access practices neared final approval Monday, resolving litigation that had been pending in Illinois' state and federal courts.
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June 17, 2024
Teamsters Plan Says Health Network Has Monopoly In Conn.
A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.
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June 17, 2024
DC Circ. Gives FERC More Clarity On Scope Of Climate Reviews
A recent D.C. Circuit decision not only endorses the Federal Energy Regulatory Commission's current approach to reviewing the climate change impacts of gas infrastructure projects, but may also help trim environmental reviews by federal agencies across the board.
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June 17, 2024
Tesla Says Texas Charter, Musk Pay Have Impact In Delaware
Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.
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June 17, 2024
6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court
A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.
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June 17, 2024
Third Pa. Uber Trial Unlikely As Deadlock Again Looms
With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.
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June 17, 2024
Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip
A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.
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June 17, 2024
Boeing, Virgin Can't Agree To Injunction's Scope In IP Row
Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.
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June 17, 2024
Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit
Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.
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June 17, 2024
Hertz Warrant Holder Sues In Chancery For Contract Breach
Two investment affiliates of Discovery Capital Management LP have sued Hertz Global Holdings Inc. in Delaware's Court of Chancery, alleging willful failure to redeem warrants issued in 2021 as part of the company's Chapter 11 and demanding at least $187 million plus interest.
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June 17, 2024
Catching Up With Delaware's Chancery Court
Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk.
Expert Analysis
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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What FTC CARS Rule Means For Auto Dealers And Lenders
A newly finalized Federal Trade Commission rule is aimed at changing how auto dealers interact with customers in the financing process, but will likely also affect banks and finance companies — and consequences for lenders and servicers have been amplified by recent Consumer Financial Protection Bureau enforcement actions, say attorneys at Morgan Lewis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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8 Privacy Law Predictions For 2024
As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.