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Transportation
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May 16, 2025
Driver Fights Sanctions For Trading Vehicle In FCA Suit
Drivers alleging Fiat Chrysler sold vehicles with defectively designed interior trim on door panels told a Michigan federal judge that one of its lead plaintiffs doesn't deserve sanctions for trading in his vehicle, saying the trade-in was a snap decision and wasn't done to prevent the automaker from inspecting the vehicle.
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May 16, 2025
9th Circ. Upholds California's Employee Classification Test
California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.
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May 16, 2025
Insurer Owes $3.8M For Honda Airbag Class Counsel Costs
A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.
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May 16, 2025
Mich. Court Orders Redo Of Motorist's Insurance Award
A judge erroneously factored in a semi-paralyzed man's future care in allotting him the bulk of an insurance payout, a Michigan state appeals court said, partially reversing the decision at the request of two healthcare providers that had competing claims.
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May 16, 2025
Frost Brown Adds NY Litigator From Grant Herrmann
Frost Brown Todd LLP added a litigator from Grant Herrmann Schwartz & Klinger LLP to the firm's business and commercial litigation practice, as it expands from its stronghold in the Midwest.
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May 16, 2025
Progressive, Kanner & Pintaluga Slam Accident Data Suit
Progressive Casualty Insurance Co. and Kanner & Pintaluga PA have filed separate motions in Texas federal court to dismiss a proposed class action accusing the two of conspiring to share auto crash victims' private information against state and federal law, with each arguing that the allegations, as the insurer put it, "make no sense."
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May 16, 2025
Trucking Co. Worker Says Tobacco Surcharge Violates ERISA
An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.
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May 15, 2025
$666M Pipeline Verdict 'Poster Child' For Reduction, Judge Told
Lawyers for Greenpeace urged a North Dakota state judge Thursday to significantly reduce a $666 million verdict over claims that it falsely disparaged the Dakota Access pipeline amid environmental protests, with the jury having awarded ten times more on certain claims than even the pipeline's builder wanted.
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May 15, 2025
Polar Air Vendor Gets 2 Years For $32M Kickback Scheme
The owner of a California aviation company was sentenced Thursday in New York federal court to two years in prison for paying Polar Air Cargo executives $4.4 million in kickbacks in exchange for lucrative contracts, as part of a $32 million scheme to enrich the cargo airline's C-suite and others, at the company's expense.
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May 15, 2025
Semiconductor Co. Fights Investors' Pandemic Demand Suit
Semiconductor maker STMicroelectronics has urged a federal judge to boot an investor suit alleging the company and its executives failed to predict pandemic-related demand declines, arguing the suit is flawed with "fraud-by-hindsight" logic.
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May 15, 2025
Enterprise Inks $11.5M Deal In Wrongful Death Suit
The family of an Illinois man who died after being struck by an Enterprise Rent-A-Car employee while doing utility work has reached an $11.5 million settlement with the car rental company to end litigation over his death, marking the highest known wrongful death recovery in McHenry County history.
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May 15, 2025
NJ Judge Trims VW, Audi Fuel Leak Defect Suit
A New Jersey federal judge said Volkswagen Group of America Inc. cannot ditch a proposed class action over vehicles with allegedly faulty engines that could leak fuel, finding that drivers sufficiently asserted various fraud and other claims, and that the alleged defects were broader than what was covered in two recalls.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit
A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.
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May 15, 2025
Regulatory Rollback Orders Legally Risky, FERC Chair Says
The Federal Energy Regulatory Commission is attempting to comply with executive orders that aim to roll back federal regulations, but Chairman Mark Christie said Thursday that implementing the orders could open FERC up to lawsuits and potentially courtroom defeats.
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May 15, 2025
FTZ Holding Can't Stop Duty Refund Clock, Trade Court Rules
The U.S. Court of International Trade ruled Thursday that a cigarette distributor waited too long to seek out duty refunds on its product, explaining that products being held for several years in a foreign-trade zone did not prevent the statutory clock from running.
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May 15, 2025
Ex-Eletson Board Facing Fees In Ch. 11 Fight
A New York bankruptcy judge Thursday said international shipping group Eletson Holdings can collect legal fees for its long-running fight against former board members and that he would consider new sanctions against parties Eletson says are interfering with its Chapter 11 plan.
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May 15, 2025
Conn. Justice Warns DMV Rule May Destroy Towing Program
If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.
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May 15, 2025
Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.
The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.
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May 15, 2025
Feds' Memo In Filing Mishap Is Privileged, NY Judge Says
A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.
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May 15, 2025
Davis Wright Adds Longtime Knobbe Martens IP Duo In Seattle
Davis Wright Tremaine LLP has brought in two intellectual property partners credited with helping Knobbe Martens open its Seattle office.
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May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel
The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
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May 15, 2025
Lima Accuses Foley Hoag Of Conflict In $200M Award Case
The Peruvian city of Lima has urged a D.C. federal court to vacate its confirmation of about $200 million in arbitral awards favoring a highway contractor, saying the municipality's former counsel at Foley Hoag LLP concealed a conflict of interest.
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May 14, 2025
Google Co-Founder Sergey Brin Settles Fatal Plane Crash Suit
Google co-founder Sergey Brin and others have settled at least one wrongful death lawsuit filed by family members of a pilot who died while ferrying Brin's private aircraft from California to Hawaii, according to a California state court filing.
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May 14, 2025
Judge's 'Tested' Patience May Mean Sanctions In GM Deal
A Michigan federal judge has warned parties not to test his patience after receiving what he called a "dismaying" progress report on a pending settlement of racial bias allegations against the security force at Detroit's General Motors-owned Renaissance Center.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.