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Transportation
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May 20, 2024
Fried Frank, K&L Gates Lead $950M Sale Of Transportation Biz
Transportation and distribution services provider Saltchuk Resources Inc., advised by K&L Gates LLP, on Monday announced plans to acquire energy transportation services provider Overseas Shipholding Group Inc., led by Fried Frank Harris Shriver & Jacobson LLP, in a take-private transaction valued at $950 million.
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May 20, 2024
Justices Stay Out Of Pipeline Land Fight With FERC
The U.S. Supreme Court on Monday refused to review the D.C. Circuit decision dismissing a suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority brought by Virginia landowners along the route of the Mountain Valley pipeline.
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May 17, 2024
$440M Cruise Line Ruling Over Cuba Dock May Be In Jeopardy
An Eleventh Circuit panel appeared reluctant Friday to affirm a nearly half-billion-dollar judgment against four major cruise lines for "trafficking" in property seized by the communist Cuban government, as the underlying concession for a port facility in Havana expired in 2004.
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May 17, 2024
Trucking Co. Dodges Misclassification Suit, For Now
A trucking company can temporarily escape claims that it misclassified drivers as independent contractors because the driver lodging the suit failed to show jurisdictional diversity, an Illinois federal judge ruled.
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May 17, 2024
Manufacturer Slapped With Sanctions In Seaplane Crash Case
A Washington state judge sanctioned an aircraft manufacturer for "willful" discovery violations on Friday in a lawsuit over a 2022 seaplane accident that killed 10 people, then ruled during a hearing that maritime law covers the accident, which a plaintiffs attorney says will expand the relief victims' families can seek.
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May 17, 2024
Boeing Jury Urged To Award Startup At Least $163M At IP Trial
An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle
Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.
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May 17, 2024
UAW, Fiat Chrysler Say Ohio Workers' Bribery Suit Untimely
The United Auto Workers and Fiat Chrysler told an Ohio federal judge Friday that a recent Sixth Circuit decision nullifies a racketeering lawsuit from plant workers trying to tie their claims of lost wages and benefits to an illicit bribery scheme involving former union and company officials.
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May 17, 2024
Chicago Wants Climate Deception Claims Back In State Court
The city of Chicago says it should be in state court hashing out climate change deception claims against several of the nation's largest oil producers because the companies lodged "objectively baseless" arguments to remove its case to federal court.
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May 17, 2024
New Domestic Content Guidance May Boost Energy Credits
The U.S. Treasury Department's new guidance on bonus tax credits for clean energy projects that source domestic-made materials and components aims to simplify the process for determining eligibility and spur more development to get those extra incentives.
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May 17, 2024
Insurance Cos. Jointly Drop Policy Language Copyright Suit
An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.
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May 17, 2024
Texas Justices Side With Car Dealership In Lease Dispute
The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.
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May 17, 2024
NJ Atty Escapes Malpractice Suit Over UPS Bias Suit
A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.
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May 17, 2024
Mercedes Workers Reject UAW In Blow To Organizing Drive
Workers at Mercedes-Benz manufacturing facilities outside Tuscaloosa, Alabama, have voted against representation by the United Auto Workers, an early setback for the union as it seeks to organize nonunion automakers in the United States.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 16, 2024
DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost
The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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May 16, 2024
Judge Irked By 'Smart' Attys And 'Silly' Doc Retention Policies
The chief judge of the U.S. Court of International Trade scolded Chinese tire companies on Thursday for complaining about having to provide information the federal government requested to reassess antidumping duties after the companies won an order for that reassessment.
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May 16, 2024
Disinfectant Maker To Pay $1.2M To Exit Abandoned-Product Suit
The peddler of a disinfectant that stands accused of working with Walmart to abandon millions of units of product made from unregistered chemicals, which is illegal to sell and difficult to dispose of, on two unwitting warehouse companies has reached a settlement to end a $30 million lawsuit.
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May 16, 2024
Flight Attendant Fights United's Bid To Exit Disability Bias Suit
A former United Airlines flight attendant fought against the airline's bid to end her suit accusing it of firing her for not recovering from COVID-19 fast enough, arguing that the reason given for her termination — that she misused an employee travel benefit to travel to Florida while on sick leave — is not a legitimate ground to fire her.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
GM, LG Ink $150M Deal To End Chevy Bolt Battery Defect Suit
A proposed class of Chevrolet Bolt owners asked a Michigan federal court on Thursday to give the go-ahead for a $150 million deal to end claims against General Motors LLC and LG units over alleged battery defects they say make the cars prone to overheating and fires.
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May 16, 2024
Nantucket Accused Of Biased Car-Rental Licensing
A Nantucket couple has sued the island town's government in Massachusetts federal court, alleging it enforced an illegal and racially biased bylaw enacted 27 years ago to shut down their car rental business.
Expert Analysis
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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2nd Circ. Ruling Clarifies Title VII Claim Standards
The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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3 Personal Jurisdiction Questions Mallory Leaves Unanswered
The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.
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9th Circ. Ruling Expands The Horizons Of Debt Discharge
The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in RS Air v. NetJets demonstrates that creditors should not be quick to conclude that their recoveries are limited if a debtor commences bankruptcy and receives a discharge, and should instead consider other potential paths for recovery, like alter ego claims, say Dania Slim and Claire Wu at Pillsbury.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.