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Transportation
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September 08, 2025
Texas Couple Fights Firm's Sanctions Bid In Crash Data Suit
A Houston couple who accused a law firm and a since-dismissed Progressive unit of conspiring to share car crash victims' private information told a Texas federal court that their suit is "neither frivolous, unreasonable, nor improper" as they pushed back against the law firm's sanctions request.Â
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September 08, 2025
3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit
The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.
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September 05, 2025
8th Circ. Vacates Biden-Era, Updated EV Fuel Economy Rules
The Eighth Circuit Friday vacated the U.S. Department of Energy's updated method of calculating the fuel economy equivalent estimates for electric vehicles, finding that the DOE didn't have the authority to enact the 2024 rule, nor did it comply with the Administrative Procedures Act.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
Alaska Airlines Pilot Pleads Guilty After Mid-Flight Crisis
A former Alaska Airlines pilot pled guilty to felony charges in Oregon state and federal court on Friday in connection with an October 2023 flight, when he tried to shut off a jet engine from the cockpit in the midst of a mental health crisis.
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September 05, 2025
Trump Admin Says Enviro Groups Can't Block GHG Report
The Trump administration has told a Massachusetts federal judge that a lawsuit challenging its formation of a climate change science advisory panel is a misguided ploy to undermine the U.S. Environmental Protection Agency's impending reconsideration of the harms of greenhouse gases.
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September 05, 2025
Nikola Ch. 11 Plan OK'd Despite Founder's Pardon Objection
A Delaware bankruptcy judge Friday approved the Chapter 11 plan of electric-truck maker Nikola Corp., overruling an objection from the company's former CEO that was tied to his treatment under the plan and a pardon issued by President Donald Trump.
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September 05, 2025
Atty Fees Cut By $20M To $185M In Car Dealer Monopoly Case
A Wisconsin federal judge on Friday awarded $185 million in attorney fees after granting final approval on a $630 million deal to end a Sherman Act class action alleging CDK Global LLC conspired to restrain the market for car dealer manager systems.
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September 05, 2025
Liberty Mutual Unit Avoids Rental Coverage Suit
A Massachusetts federal court on Friday tossed claims against Liberty Mutual Insurance Co. in a proposed class action over premature termination of rental car coverage, saying the insurer was not party to the policies issued by another Liberty Mutual unit.
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September 05, 2025
NC Court Rejects ParkMobile's Bid To Escape Slander Case
ParkMobile LLC lost its bid Thursday to dodge a slander lawsuit in which the city of Asheville claimed the company misrepresented that the two were affiliated, after a three-judge panel of the North Carolina Court of Appeals dismissed ParkMobile's appeal.
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September 05, 2025
Tesla Proposes Making Musk The Trillion-Dollar Man
Texas-based Tesla on Friday proposed a pay package for CEO Elon Musk that could earn him a trillion dollars' worth of stock, if he meets certain corporate objectives over the next decade. It is believed to be the first trillion-dollar corporate compensation package in history.
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September 05, 2025
IPO Market Gears Up For Late-Year Surge In New Listings
Initial public offerings appear poised for a surge to finish the year as the uncertainty surrounding President Donald Trump's sweeping tariff actions and geopolitical tensions has subsided, with experts saying that companies are getting more comfortable hitting the public markets.
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September 05, 2025
475 Detained In Immigration Raid At Georgia Hyundai Plant
U.S. immigration authorities detained 475 people during a raid on a Hyundai manufacturing site in Georgia, a Homeland Security official said at a news conference on Friday.
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September 05, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen professional boxing promoter Boxxer take action against the former head of boxing at Matchroom Sport, Aegis Motor Insurance and Chubb European Group clash over a reinsurance claim, and a transgender pool player sue the English Blackball Pool Federation over its decision to ban her competing in women's teams and tournaments.Â
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September 05, 2025
Taxation With Representation: Milbank, Wachtell, Latham
In this week's Taxation With Representation, aircraft lessor Air Lease Corp. agrees to a take-private deal, Evernorth Health Services invests billions in Shields Health Solutions, Cadence Design Systems Inc. acquires the design and engineering business of Hexagon AB, and Kraft Heinz Co. plans to split into two independent, publicly traded companies.
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September 05, 2025
8th Circ. Won't Revisit Crop Damage Arbitration Fight
The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.
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September 04, 2025
NJ Transit Urges Justices To Affirm Its Sovereign Immunity
New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.
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September 04, 2025
Chevron, Exxon Kick Off High Court La. Pollution Case
Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.
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September 04, 2025
Court Revives Hertz's Claims Against AAA Over Untowed Car
A Florida appeals court on Wednesday revived Hertz's third-party claims against the American Automobile Association over a rental car left untowed on a Miami causeway, ruling that a previous decision barring an injured driver's negligence suit does not eclipse Hertz's contract claims.
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September 04, 2025
USDOT Scraps Airline Refund Rule In Deregulatory Push
The U.S. Department of Transportation is abandoning airline passengers' rights and other consumer protection regulations proposed by the Biden administration as President Donald Trump advances his deregulatory push, according to the White House's updated regulatory agenda released Thursday.
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September 04, 2025
Enbridge Asks High Court To Reverse Pipeline Remand Ruling
Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.
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September 04, 2025
EPA Touts 'Ambitious' New Deregulatory Agenda
The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.
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September 04, 2025
NC Panel Reopens 13 Asbestos Cases Against Tire-Maker
A split panel in a North Carolina state appeals court has revived more than a dozen workers' compensation cases linked to alleged asbestos exposure at a Continental Tire factory, finding the individual claimants are not bound by the results of bellwether cases.
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September 04, 2025
5th Circ. Seems Open To United Workers' COVID Vax Class
The Fifth Circuit wrestled Thursday with allowing a group of United Airlines employees to pursue classwide claims that they were illegally forced to take unpaid leave after seeking exemptions from the company's COVID-19 vaccine mandate, with two judges appearing receptive to letting a certification order stand.
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September 04, 2025
Fla. Judge Denies Jet Co.'s Bid To Revive Chase Blacklist Suit
A Florida federal judge on Thursday rejected a bid to revive a defamation lawsuit alleging JPMorgan Chase Bank NA wrongly placed a private jet company on an interdiction list over accusations of money laundering for the Russian mafia, saying there was no new evidence to overturn a previous order tossing the case.
Expert Analysis
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5 Things Manufacturing GCs Should Know About Cyber Risk
Following a recent government report underscoring the growing cyber threat landscape for manufacturers, general counsel in the sector should be aware of the potentially broad consequences of a cyberattack, evolving notification systems and the need for incident response plans, say attorneys at Alston & Bird.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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Yacht Broker Case Highlights Industry Groups' Antitrust Risk
The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.
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Age Bias Ruling Holds Harassment Policy Lessons
A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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What To Know About Bill Aiming To Curb CIPA
A bill pending in the California Assembly would amend the California Invasion of Privacy Act to allow for the use of website tracking technologies for commercial business purposes, limiting class actions seeking damages under the act for industry standard practices, say Katherine Alphonso and Avazeh Pourhamzeh at Kaufman Dolowich.
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State Law Challenges In Enforcing Arbitration Clauses
In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Harmonized Int'l Framework May Boost Advanced Aircraft
International differences in the certification process for advanced air mobility aircraft make the current framework insufficient — but U.S. Secretary of Transportation Sean Duffy's recent announcement of a standards harmonization effort may help promote these innovative aviation technologies, while maintaining safety, say attorneys at Morgan Lewis.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.