Transportation

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

  • February 20, 2024

    DoorDash Charges Excessive Fees, NYC Burger Eatery Says

    DoorDash was hit with a proposed class action Friday in California federal court by a New York City burger joint that accused the platform of employing a "widespread and pervasive practice" of levying service fees more than the 20% cap imposed by local legislations enacted during the COVID-19 pandemic.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Girardi Keese Trustee Recovers $1.8M In Fees For Exide Case

    A U.S. bankruptcy judge on Tuesday approved an agreement between the Girardi Keese bankruptcy trustee, a former attorney for the firm and the Mandell Law Firm to end an adversary proceeding connected to $1.8 million in attorney fees from a lawsuit over the toxic Exide battery plant in Vernon, California.

  • February 20, 2024

    Justices Question Reach Of Transportation Worker Carveout

    The U.S. Supreme Court questioned Tuesday whether there is still a need for a federal arbitration exemption for interstate transportation workers or if the century-old carveout is an "anachronism," in a case dealing with whether the exemption applies to workers only in the transportation industry.

  • February 20, 2024

    Amazon Agrees To Pay $5.5M To End COVID Screening Suit

    A group of California Amazon warehouse workers asked a federal judge to approve a $5.5 million settlement resolving a proposed collective action accusing the e-commerce giant of failing to pay workers for time they spent undergoing pre-shift COVID-19 screenings, saying it will provide them with all their alleged unpaid wages.

  • February 20, 2024

    High Court Won't Wade Into CSX Medical Leave Fight

    The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.

  • February 20, 2024

    Justices Won't Hear Fight Over Limits On Port Labor Protests

    The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.

  • February 20, 2024

    Engineer Can't Get High Court Look At Service Dog ADA Suit

    The U.S. Supreme Court refused on Tuesday to review a disability bias suit from a Union Pacific train engineer, leaving in place an Eighth Circuit ruling that said the company wasn't required to let the military veteran bring a service dog to work to help cope with PTSD.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    PTAB To Review Engine Patent After Court Axed It

    The BMW brand has won a decision from the patent board to review the validity of a patented method for calculating the valve timing in a car engine, over half a year after a federal judge in Illinois ruled that the patent failed the U.S. Supreme Court's Alice standard for patent eligibility.

  • February 16, 2024

    Uber Failed To Prevent Driver Sex Assaults, MDL Suit Says

    Uber has known for nearly a decade that its drivers were preying on and sexually assaulting passengers but failed to implement meaningful policies to prevent such crimes, according to a master complaint filed in multidistrict litigation in California federal court.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Startup Countersues Trucker Tracking Co. For Stealing Tech

    A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

  • February 16, 2024

    Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid

    The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.

  • February 16, 2024

    Uber Tells Court To Disregard Pa. AG's Brief In Wage Suit

    Uber urged a Pennsylvania federal court on Friday to disregard the state attorney general's amicus brief filed in a wage case that will decide whether UberBlack limo drivers are employees or independent contractors, saying the attorney general's involvement is superfluous.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Ex-Yellow Corp. Workers Push WARN Class Cert In Ch. 11

    Former employees of trucking firm Yellow Corp. told a Delaware bankruptcy court that recognizing them as a class is the best way to handle their claim that the bankrupt company didn't give them adequate warning of layoffs.

  • February 16, 2024

    EU Launches First In-Depth Foreign Subsidy Probe

    The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.

  • February 16, 2024

    Carl Icahn, JetBlue Strike Deal For 2 Board Seats

    JetBlue Airways said Friday it has reached a deal with Carl Icahn to place two of the billionaire's handpicked nominees on the JetBlue board, just days after Icahn unveiled a nearly 10% stake in the airline.

  • February 16, 2024

    4th Circ. Won't Revive Car Dealer's Hurricane Coverage Suit

    The Fourth Circuit declined to revive a South Carolina car dealership's lawsuit seeking coverage from an AIG unit for losses the business sustained from Hurricane Dorian in 2019, agreeing with a district court that there was no link between a government evacuation order and physical damage that would warrant civil authority coverage.

  • February 16, 2024

    Amazon Joins List Of Employers Challenging NLRB Structure

    Amazon has joined Trader Joe's, Starbucks and SpaceX in challenging the constitutionality of the National Labor Relations Board's structure, saying in a filing in board litigation that NLRB members and judges are unconstitutionally protected from removal by the U.S. president.

  • February 16, 2024

    NY AG Tells Firm To Stop Misleading Uber, Lyft Drivers

    New York Attorney General Letitia James' office put a New York City law firm on notice Friday, warning in a cease-and-desist letter that the firm must immediately stop proffering unnecessary legal services to "help" Uber and Lyft drivers secure funds, for a fee, stemming from a November New York Labor Law settlement.

  • February 16, 2024

    Barge Co., Insurer End Pollution Cleanup Coverage Fight

    A Washington barge company and its insurer reached an agreement in a dispute over coverage of legal expenses stemming from claims that the company was liable for environmental pollution at an EPA cleanup site, according to a notice filed in Washington federal court.

Expert Analysis

  • Challenges Remain In Financing Energy Transition Minerals

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    COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New La. Gas Pipeline Projects Must Respect Rules And Rights

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    As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • Aviation Back On Course, But Keep Seat Belts Fastened

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    While the airline industry finally returned to profitability last year for the first time since the onset of COVID-19, and is poised for historic levels of traffic in 2024, supply chain problems and economic and geopolitical uncertainty persist — so more turbulence may lie ahead, say Kevin Lewis and Bart Biggers at Sidley.

  • Bid Protest Spotlight: Standing And A Golden Rule

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    In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

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    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Vagueness In Calif. Climate Law Makes Compliance Tricky

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    California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.

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