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Transportation
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October 24, 2024
EPA Agrees To Review Nitrogen Oxides Standard By 2028
The U.S. Environmental Protection Agency said Thursday that it would revisit its national ambient air quality standards for nitrogen oxides by 2028 under a proposed consent decree reached with conservation groups.
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October 24, 2024
DOJ Pushes Justices To Revive Bid-Rigging Conviction
Federal prosecutors told the U.S. Supreme Court that the Fourth Circuit got it wrong last year when it vacated the bid-rigging conviction of aluminum pipe maker Contech's former executive, arguing Wednesday that agreements between firms can be per se unlawful even when they have a vertical relationship.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Berkshire Hathaway Unit's RV Recall Doesn't End Defect Suit
A Montana federal judge won't let a Berkshire Hathaway unit escape a suit alleging that its RVs had a dangerous wiring defect by pointing to a 2024 recall, saying the recall doesn't offer a complete remedy for the plaintiff's claims.
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October 24, 2024
Enviro Attys Must Teach Judges Science, Wash. Justice Says
Attorneys shouldn't assume that judges are up to speed on scientific evidence that they're reviewing and instead should work on building judges' knowledge and helping them "feel smart," a Washington Supreme Court justice told environmental lawyers on Thursday.
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October 24, 2024
State Farm Agrees To Settle Immigration Bias Row With DOJ
The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.
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October 24, 2024
EPA Can't Rush Truck Electrification, DC Circ. Hears
The U.S. Chamber of Commerce and a trucking industry group have thrown their support behind challengers' attempts to upend the U.S. Environmental Protection Agency's greenhouse gas emission standards for heavy-duty vehicles, telling the D.C. Circuit that the agency is trying to accomplish too much too soon.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
Southwest Shakes Up Boardroom In Deal With Activist Elliott
Southwest Airlines on Thursday announced a board shake-up, marking the latest of the airline's moves as part of its "transformational" plan amid pressure from activist investor Elliott Investment Management.
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October 24, 2024
Lewis Brisbois Adds Partner To General Liability Practice
Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.
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October 24, 2024
Cigna, Frontier Renew Stalled Merger Bids, Plus Other Rumors
Cigna Group and Frontier Airlines have both restarted once-stalled bids to acquire smaller rivals, rekindling merger rumors spanning the healthcare and airlines industries, while Sports Illustrated's secondary ticket platform wants to borrow up to $50 million to acquire competitor Anytickets. Here, Law360 breaks down these and other notable deal rumors from the past week.
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October 23, 2024
Boeing Machinists Reject Labor Deal, Prolonging Strike
A majority of roughly 33,000 Boeing employees represented by the International Association of Machinists voted Wednesday to reject a new labor contract that included a 35% wage increase over four years, prolonging a nearly six-week strike that has hampered Boeing's production and cash flow.
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October 23, 2024
Ex-Kia, Hyundai Workers Seek Conditional Cert. In FLSA Suit
Mexican nationals accusing Kia and Hyundai units of failing to pay overtime have urged a Georgia federal court to grant them conditional certification for their fair labor collective action claims, saying there are others who likely also didn't get proper wages.
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October 23, 2024
Pa. County Defends Climate Change Suit Against BP, Chevron
BP, Chevron, Exxon Mobil and other major oil companies can't argue that a federal environmental statute sinks a climate change lawsuit because the claims fall outside of the law's purview, a Pennsylvania county told a state court.
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October 23, 2024
Jury Awards Fired SF Rail Workers Over $7.8M In Vax Trial
A California federal jury on Wednesday awarded combined damages of more than $7.8 million to six former Bay Area Rapid Transit District employees after finding the rail agency committed religious discrimination by refusing to exempt them from a COVID-19 vaccination mandate.
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October 23, 2024
Amazon Must Face Drivers' Tip Suit Despite FTC Settlement
A Washington federal judge largely refused Wednesday to toss a proposed class action accusing Amazon of violating Evergreen State laws by withholding portions of drivers' tips, saying the claims are still valid despite the Federal Trade Commission reaching a nearly $62 million deal with the company over the same alleged conduct.
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October 23, 2024
Southwest Union Wants 2nd Look At Colo. Sick Leave Deal
A Transport Workers Union affiliate urged a Colorado court to rethink its recent decision dismissing the union's claims against the state challenging a settlement with Southwest Airlines over a sick leave law, arguing the judge wrongly analyzed the statute's exemption for workers covered by a labor contract.
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October 23, 2024
Religion Law Can't Save Sacred Worship Site, High Court Told
A law designed to protect religious freedom can't help an Apache nonprofit's bid to save a sacred worship site in Arizona from destruction, the federal government said, arguing that the tribe is asking the U.S. Supreme Court to nullify a congressional statute crafted to allow federal third-party land transfers.
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October 23, 2024
Insurers Slam Mich. No-Fault Ruling As 'Judicial Activism'
A trade group representing Michigan insurers said an appellate court ruling in a medical provider's suit over nonpayment of auto insurance benefits could encourage gamesmanship in no-fault insurance litigation, in a friend-of-the-court brief filed on Tuesday with the state's top court.
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October 23, 2024
Jersey Shore Attractions Sued For Pay Over Iconic Phrase
The woman whose voice has been played in a recording along a New Jersey shore town's boardwalk for over 45 years alleged in a revised state court complaint Wednesday she has never been paid more than few free tram car tickets despite it becoming an iconic slogan for the popular destination.
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October 23, 2024
LeBron, Bronny James Face Crash Suit Amid Historic Debut
NBA legend LeBron James and his rookie son, Bronny James, were hit with a car accident lawsuit in California state court Tuesday, the same day they took the basketball court together for the first time as teammates on the Los Angeles Lakers.
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October 23, 2024
American Airlines Fined $50 Million For Disability Violations
American Airlines received a $50 million penalty from the U.S. Department of Transportation Wednesday for "serious violations" of disability laws protecting people in wheelchairs, with the department saying the violations included injuring or mishandling disabled travelers, damaging their wheelchairs or failing to return the devices promptly.
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October 23, 2024
OpenAI Hires Uber Ethics Head As New Compliance Chief
OpenAI Inc. has brought on Uber Technologies Inc.'s chief ethics and compliance officer to head up its compliance department as it works to "build on [its] ongoing efforts to responsibly advance AI," the company said Tuesday.
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October 23, 2024
EPA Can't Restart Crafting Smog Rule, DC Circ. Told
A group of Democratic-led state governments is telling the D.C. Circuit that the Clean Air Act doesn't mandate reconsideration of the U.S. Environmental Protection Agency's 2023 "Good Neighbor" emissions regulation as two steel manufacturers say.
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October 23, 2024
United Worker Fired Over Online Pics Gets Bias Suit Revived
A California appeals court revived a United Airlines flight attendant's sex bias suit claiming she was unlawfully fired for appearing in uniform on a social media page advertising her OnlyFans account, crediting her argument that male flight attendants didn't face the same consequences for similar behavior.
Expert Analysis
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.