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November 21, 2024
Trump Eyes Crypto, SpaceX To Sell Shares, And More Rumors
Donald Trump's social media company wants to enter the cryptocurrency business, while Elon Musk's SpaceX is planning a tender offer of shares that values the space technology startup at $250 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.
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November 21, 2024
House Dems Tell Gorsuch To Recuse Over NEPA Case Conflict
A group of House Democrats has called for U.S. Supreme Court Justice Neil Gorsuch to recuse himself from a dispute over federal environmental review requirements, arguing the court's decision could directly benefit a Colorado billionaire and former client who campaigned for the justice's first judicial appointment.
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November 21, 2024
Sterlington Boosts Aviation Group With Ex-Mintz Member
Sterlington PLLC has added a first-chair litigator in commercial, partnership, private aviation and intellectual property disputes from Mintz Levin Cohn Ferris Glovsky and Popeo PC as a partner in New York.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case
The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.
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November 20, 2024
Va. Gov. Can't Exit Carbon Trading Program, Judge Says
Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.
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November 20, 2024
SkyWest Airlines Hit With $2M Verdict In EEOC Harassment Case
A Texas jury found in favor of the Equal Employment Opportunity Commission on Wednesday in a suit that saw SkyWest Airlines accused of sitting idle while an employee experienced persistent sexual harassment, awarding over $2 million in punitive damages for the workplace misconduct in federal court.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
Uber, Lyft, Chicago Ignored Due Process, Banned Driver Says
A former Uber and Lyft driver has sued the platforms in Illinois federal court for deactivating her accounts over false claims she spit on a passenger, and she also sued the city of Chicago over its ordinance allowing rideshare platforms to ban drivers without notice or an opportunity to defend themselves.
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November 20, 2024
German Tesla Supplier Says Mich. Is Wrong Venue For Parts Suit
A German auto parts supplier referenced Elon Musk's diverse business ventures in an attempt to convince a Michigan federal judge Wednesday that it doesn't belong in a lawsuit over one of its North American affiliates' alleged breach of a supply contract for Tesla vehicles, arguing the foreign entity has no ties to the Wolverine State.
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November 20, 2024
Yacht Owner Seeks Trial In Highway Damage Case
Yacht owner Max Zach Corp. urged a Connecticut federal court to reject bids from a North Carolina boat repair shop and a trucking company to toss its suit seeking damages after a New Jersey highway crash destroyed its $750,000 vessel, arguing a jury must sort out fact questions about the ultimate value of its modified boat and other questions about storage costs.
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November 20, 2024
FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told
The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.
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November 20, 2024
Delta Fired Worker For Reporting Race Bias, Suit Says
Delta Air Lines Inc. was sued Tuesday in Georgia federal court by a former Black employee who said he was given a verbal warning and then fired for reporting racial discrimination he and other Black workers faced in the workplace.
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November 20, 2024
Ga. Judge Asks 'What's Tortious?' About Talking Bad Loans
A Georgia federal judge appeared inclined Wednesday to hand an early win to a lender who seized two vintage cars from a reality TV personality after she missed her payments on a $300,000 loan, going so far as to suggest she might be better off finding an out-of-court solution to the dispute.
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November 20, 2024
NJ Power Broker, Attys Demand Wiretap Docs In RICO Case
George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.
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November 20, 2024
No Coverage For Road Rage Shooting Dispute, Judge Says
The auto insurer for a freight transportation company needn't cover an underlying suit over the fatal shooting of a man during a road rage altercation, a West Virginia federal court ruled, saying the shooting was "wholly unrelated to the inherent nature of the vehicle."
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November 19, 2024
Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus
President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.
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November 19, 2024
Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger
Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.
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November 19, 2024
Neb. AG Expands Electric Trucks Fight To Volvo, Daimler
However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.
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November 19, 2024
EEOC Says SkyWest Left Harassment Questions 'Unasked'
The Equal Employment Opportunity Commission told jurors Tuesday to "look at the questions" SkyWest Airlines didn't ask when an employee told the company she was experiencing persistent sexual harassment and that the company should've responded sooner.
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November 19, 2024
CSX Can't Escape FMLA Suit Over Attendance Policies
CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.
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November 19, 2024
NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say
Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.
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November 19, 2024
NJ Man Can't Revive Autozone Slip And Fall Injury Suit
A New Jersey appeals panel on Tuesday refused to reinstate a man's slip and fall case against Autozone Inc., saying he presented no evidence that the shop was or should have been aware that the floor was wet before he fell.
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November 19, 2024
After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2
Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.
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November 19, 2024
DOD Not Obligated To Suggest Tweaked Pricing On $2.3B Deal
The U.S. Government Accountability Office has thrown out Maersk's protest over the shipping giant's rejection from a $2.3 billion contract for military freight transportation services, saying U.S. Transportation Command wasn't obligated to tell it its pricing was too high.
Expert Analysis
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.