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Transportation
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February 24, 2025
Union Pacific Says Pedestrian Was In The Wrong In Crash Suit
Lawyers for a pedestrian allegedly hit by a Union Pacific train told a jury in closing arguments Monday that the engineer wasn't paying enough attention to the tracks ahead, while the rail giant's lawyers said the man should not have been there.
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February 24, 2025
Feds Say Tribe's 'Vague' Claims Won't Save Pipeline Suit
The federal government on Monday doubled down on its attempt to dismiss the Standing Rock Sioux Tribe's suit seeking to block an energy company from operating part of the Dakota Access Pipeline, saying the D.C. federal court can't grant the relief requested.
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February 24, 2025
Justices Told Illinois High Court Should Weigh Tire IP Dispute
Atturo Tire Corp. has asked the U.S. Supreme Court to have the top court in Illinois address whether the Federal Circuit wrongly discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.
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February 24, 2025
CPKC Tells DC Circ. Gov't Merger Approval 'Airtight'
Canadian Pacific Kansas City is defending the government's approval of the $31 billion merger that created the railroad, telling the D.C. Circuit to reject a challenge to that decision because there was no flaw in the Surface Transportation Board's findings.
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February 24, 2025
Norfolk Southern's Tank Car Co. Liability Claims Head To Trial
An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.
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February 24, 2025
US Bans Iran's 'Shadow Fleet' And Others With New Sanctions
The federal government on Monday imposed sanctions on dozens of vessels and individuals in multiple countries for their role in the Iranian oil supply chain that resulted in the selling and transporting of tens of millions of barrels of Iranian crude oil.
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February 24, 2025
'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told
A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.
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February 24, 2025
Mich. Sales Co., Auto Parts Maker Settle $6M Commission Suit
A Michigan-based auto sales company has reached a settlement with an Italian auto parts maker the company alleges owes $6 million in commissions for building the foreign business' relationship with General Motors.
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February 24, 2025
NY Regulator Imposes $20.4M In Fines Against Auto Insurers
New York's insurance regulator announced Monday the agency has concluded a multiyear investigation into auto insurers' failure to report vehicle information to the state Department of Motor Vehicles in a timely manner, resulting in $20.4 million in fines across 37 separate consent orders.
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February 24, 2025
FAA, SpaceX Say Rocket Launch Review Passes Muster
The Federal Aviation Administration and SpaceX asked a Washington, D.C., federal judge to grant them wins in litigation challenging the adequacy of an environmental review completed for the company's Starship rocket launch program in Boca Chica, Texas.
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February 24, 2025
FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says
An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.
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February 24, 2025
Moves To Change Del. Corporate Law Spark Pushback
A public opposition campaign complete with website and street signs has surfaced to oppose corporation and bar-backed legislation that would overhaul Delaware stockholder litigation rights and fee awards, intensifying an already unprecedented political fight that broke out last year over corporate governance concessions.
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February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial
A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
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February 21, 2025
GOP Leader Zeros In On Fintech And Enviro Rules For Repeal
An Internal Revenue Service rule targeting digital asset sales and U.S. Commodity Futures Trading Commission guidance on the trading of voluntary carbon credits are among the environmental and financial regulations that Republicans are prioritizing for repeal, according to House Majority Leader Steven Scalise.
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February 21, 2025
Calif. Lawmakers Unveil 'Polluters Pay' Superfund Legislation
A pair of California lawmakers on Friday introduced legislation that would require the biggest polluters to pitch in and put a portion of their profits toward climate-related disaster mitigation, a measure they said aims to relieve the burden on taxpayers in the wake of catastrophes such as wildfires.
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February 21, 2025
ITC To Review Hoverboard Maker's Patent Case
The U.S. International Trade Commission is going to look into the latest patent complaint from the inventor of a self-balancing hoverboard who is targeting rival products from China.
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February 21, 2025
NJ Judge Says AutoLender Can't Escape Ex-Worker's OT Suit
Used-vehicle dealership company AutoLender Liquidation Center and its subsidiaries cannot be dismissed from a fired employee's wrongful termination and overtime suit, a New Jersey federal judge has ruled.
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February 21, 2025
Delta Hit With First Negligence Suits Over Toronto Crash
Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.
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February 21, 2025
GOP Lawmakers Press DOJ On Union Pension Overpayments
Thirty union pension plans haven't reported whether they've returned the overpayments they received from a federal bailout, two leaders of the U.S. House of Representatives' Committee on Education and the Workforce told new Attorney General Pam Bondi, asking the U.S. Department of Justice to look into it.
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February 21, 2025
Morgan Lewis Adds Partner To Insurance Recovery Practice
Morgan Lewis & Bockius LLP announced that it has added a new partner and insurance expert in its Chicago office, in a move to bolster the firm's insurance recovery and dispute resolution capabilities for corporate policyholder clients.
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February 21, 2025
Transportation Group Of The Year: Mayer Brown
Mayer Brown LLP helped close billions of dollars in loans to revitalize rail infrastructure along the Northeast Corridor and helped secure a long-term lease for an airport thousands of miles south in the Virgin Islands, helping the firm land a spot among the 2024 Law360 Transportation Groups of the Year.
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February 21, 2025
1st Circ. Revives Clean Air Claims Over Idling Shuttle Buses
Excessive exhaust fumes and concerns about the negative health effects of pollution from idling buses are injuries in fact that can establish standing for members of an environmental advocacy group to sue over violations of the Clean Air Act, the First Circuit said on Thursday, reviving a 5-year-old lawsuit.
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February 21, 2025
Justices Nix Expanded Sovereign Immunity Ruling
The U.S. Supreme Court on Friday overturned a D.C. Circuit ruling greenlighting expropriation claims brought by Holocaust survivors against Hungary, ruling that the historical commingling of assets is not enough to overcome the country's sovereign immunity.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Better Process Not Certain As White House Loses NEPA Regs
The White House says it rescinded National Environmental Policy Act regulations in an effort to "expedite and simplify" the federal permitting process, but attorneys say the immediate effect of the move will likely be to confuse agencies and slow down project approvals.
Expert Analysis
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Justices May Find Gov't Can Keep Fraudulent Transfer Benefit
Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.