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Transportation
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March 04, 2025
9th Circ. Questions UPS' Teamster Election Challenge
A Ninth Circuit panel appeared skeptical Tuesday of UPS' argument that Teamsters representatives tainted a union representation election by chatting with workers in a warehouse parking lot while a union vote went on inside.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
American Airlines Seeks Win In Suit Over In-Flight Death
American Airlines on Monday told a Texas federal judge that a suit brought by a woman over her son's death from a medical emergency on a flight should be denied because the teenager's death was not caused by an accident.
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March 04, 2025
Ohio Workers' Chrysler-UAW Conspiracy Suit Gets Tossed
Employees who claimed Fiat Chrysler and the United Auto Workers conspired to keep about three dozen of them classified as part-time temps for years despite them often performing full-time work had their case tossed Tuesday by an Ohio federal judge, who said they sued too late.
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March 04, 2025
Pa. Justices Wary Of 'Limitless Liability' Without Damages Cap
Pennsylvania's $250,000 damages limit on injury claims involving state entities is too low in cases involving catastrophic injuries, the lawyer for a woman hit by a bus told the state Supreme Court on Tuesday, drawing questions from the justices about the potential for state agencies to be crippled by "limitless liability."
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March 04, 2025
Ga. Atty Suspended 6 Months For Sharing Client Information
A Georgia attorney received a six-month suspension from practicing law Tuesday from the Supreme Court of Georgia for his handling of a federal personal injury case, in which he was found to have disclosed client information and litigation strategy in a deliberate attempt to make defense counsel look disingenuous.
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March 04, 2025
Puerto Rico Cruise Port Says Insurer Must Cover Pier Damage
A San Juan cruise port operator said its Hartford insurer wrongfully denied coverage for damage to one of its piers after a cruise ship collided with the structure, telling a Puerto Rico federal court Tuesday that exclusions and clauses cited by the carrier were either inapplicable or misinterpreted.
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March 04, 2025
Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit
The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.
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March 04, 2025
FCA Hit With Suit Alleging Power-Steering Pump Fire Risk
Automaker Fiat Chrysler was hit with a new proposed class action on Monday alleging it sold Jeep vehicles with defective power-steering pump electrical connectors that increase the risk of spontaneous fires, adding that the issue has led to at least one death.
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March 03, 2025
ICE Contractor Loses Immunity Bid In Family Separation Suit
A California federal judge Monday largely denied a U.S. Immigration and Customs Enforcement contractor's attempt to escape litigation that a father and son brought against the transportation company for its role in a policy that separated them and thousands of other immigrant families during the first Trump administration.
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March 03, 2025
American Asks Justices To Mull Bid To Revive JetBlue Pact
American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."
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March 03, 2025
Yellow Corp. Settles Pair Of WARN Suits In Del. For $12.3M
Shuttered Yellow Corp.'s trucking company bankruptcy estate has agreed to settlements totaling $12.3 million with two former employee groups, which were reached before a Delaware judge's posttrial denial of Worker Adjustment and Retraining Act claims covering thousands of ex-company employees, according to recent court filings.
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March 03, 2025
Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit
Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."
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March 03, 2025
Calif. Farm Sues Tenn. Sheriff Over $3.9M In Destroyed Hemp
A California hemp farm is suing a Tennessee sheriff's department, alleging that a deputy wrongly arrested a driver who was carrying $3.9 million in legal hemp and had it destroyed.
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March 03, 2025
ParkMobile Offers $9M, App Credits To End Data Breach Suit
ParkMobile customers who alleged their personal information was compromised in a 2021 data breach have asked a Georgia federal judge to give final approval to a settlement that would set aside a $9 million cash fund and up to $21 million in parking credits to end their class action.
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March 03, 2025
Chamber Leads Group Challenging NY Climate Superfund Bill
A U.S. Chamber of Commerce-led coalition asked a New York federal judge to block a "plainly unconstitutional" Empire State law that promises to impose $75 billion in cost-recovery demands on fossil fuel companies to help pay for climate adaptation projects.
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March 03, 2025
EPA Chief Asks Watchdog To Investigate $20B Grant Program
The U.S. Environmental Protection Agency said Monday it's asking its internal investigators to look into how $20 billion in congressionally supplied grant money has been distributed.
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March 03, 2025
Enviro Groups Say DOGE Teams Are Violating Transparency Law
Five federal agencies are violating their legal obligations to provide transparency about their connection to the Elon Musk-headed entity that's leading the Trump administration's effort to reduce government staffing and spending levels, environmentalists said in a D.C. federal lawsuit filed Monday.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Jet Co. Says Insurer Can't Modify Airport Damage Appraisal
A private jet charter company said a Liberty Mutual unit underpaid its claim for property damage to airport facilities following a March 2023 storm, telling a Kentucky federal court that the insurer is now seeking to unlawfully modify an ongoing appraisal of the claimed loss.
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March 03, 2025
DC Circ. Asks Crowley For More Info In GSA Audit Powers Suit
A D.C. Circuit panel directed Crowley Government Services Inc., which has challenged the authority of the General Services Administration to audit its contract with the U.S. Department of Defense's Transportation Command, to file a brief detailing whether the contract included any such audit provision.
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March 03, 2025
Justices Turn Down Suit By Worker Fired Over Online Post
The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.
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February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit
The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.
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February 28, 2025
Ford Insists Recalls Thwart Engine Fire Defect Class Action
Ford Motor Co. asked a Michigan federal judge on Friday to snuff an amended proposed class action alleging it sold hybrid electric vehicles with defective engines that could spontaneously stall and catch fire, reiterating that two voluntary recalls of affected vehicles voids the drivers' claims.
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February 28, 2025
8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit
The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
Transpo Board Should Broaden Ex Parte Rules Further
The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.