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Transportation

May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful

NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
May 16, 2025
Tesla Tells Justices Challenge To La. Sale Ban Should Stand

Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.
May 16, 2025
'Tuna Bond' Defendants Ordered To Pay $352M In Restitution

A Brooklyn federal judge ordered three former Credit Suisse bankers and the former finance minister of Mozambique to pay a combined $352 million in restitution Friday after they pled guilty or were convicted of scheming to defraud investors in a $2 billion state-backed development initiative聽involving tuna fishing.
May 16, 2025
Families Rip DOJ Bid To Ditch Boeing 737 Max Criminal Case

The U.S. Department of Justice might back down from criminally prosecuting Boeing over the deadly 737 Max crashes and save the American aerospace giant from a high-profile trial in Texas next month under a tentative deal that attorneys for crash victims' families decried Friday as offensive and "morally repugnant."
May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK

Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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. 聽
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Expert Analysis

The Fed. Circ. In 2024: 5 Major Rulings To Know

In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law 鈥� including design patent obviousness, expert testimony admissions and patent term adjustments 鈥� all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
Proactively Managing Tariff Impacts On Megaprojects

President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects 鈥� so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
New York Climate Superfund Law May Face Preemption Fight

New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives 鈥� but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Opinion

A Federal Insurance Mandate For Private Aviation Is Overdue

A recent private plane crash in California that killed two people and injured 19 others spotlights the dangers of such occurrences 鈥� and serves as a reminder that because there is no federal requirement for general aviation pilots to carry insurance, the victims of these accidents are often unable to obtain fair compensation, says Timothy Loranger at Wisner Baum.
Updated FWS Regs Will Streamline Right-Of-Way Permitting

Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have 鈥渇led鈥� Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
Hydrogen Regs Will Provide More Certainty 鈥� If They Survive

Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing 鈥� but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
Climate Disclosure Spotlight Shifts To 2 Calif. Laws

With Donald Trump's election spelling the all-but-certain demise of the proposed federal聽climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements 鈥� and their brevity is both a blessing and a curse, say attorneys at Davis Polk.
Final Hydrogen Tax Credit Regs Add Flexibility For Producers

The recently released final regulations implementing the Inflation Reduction Act's clean hydrogen production tax credit offer taxpayers greater flexibility, reducing risk and creating more certainty for investments in the industry, thus diminishing 鈥� but not eliminating 鈥� the risk of legal challenges to the regulations, say attorneys at Steptoe.
Anticipating The Maritime Sector's Future Under Trump 2.0

With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.