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Transportation
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May 20, 2025
4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury
The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.
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May 20, 2025
5 Ohio Cities Say Hyundai, Kia Negligence Claims Still In Play
Five Ohio cities have told a California federal judge that Hyundai and Kia cannot try to circumvent the Ninth Circuit and scuttle negligence claims in consolidated litigation alleging the automakers knowingly sold vehicles with design flaws that spawned a car-theft crime wave.
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May 20, 2025
Tax Credit Repeal Would Deflate US Hydrogen Development
The Republicans' proposal to eliminate tax credits for producing clean hydrogen in the budget reconciliation bill threatens to kneecap the nascent alternative fuel industry in the U.S. while pushing investments overseas to friendlier markets.
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May 20, 2025
UPS Can't Escape $75M Crash Award To Brain-Damaged Baby
A Missouri appellate panel on Tuesday affirmed a jury's $65 million verdict plus about $10 million in interest in a suit accusing United Parcel Service of negligently causing a car crash resulting in a baby's brain damage, saying evidence regarding the driver's history of drug abuse was properly allowed.
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May 20, 2025
Assessing The Design Patent Impact Of LKQ, One Year Later
It's been one year since the full Federal Circuit's LKQ v. GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies.
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May 20, 2025
GOP Lawmakers Defend Stricter Independent Contractor Bill
Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
Cozen O'Connor's Insurance Team Hires Former Deputy AG
Veteran insurer-side litigator Frank Toddre II has joined Cozen O'Connor in Las Vegas from Lewis Brisbois Bisgaard & Smith LLP, the business law firm announced, touting his experience as a former senior deputy attorney general in Nevada and a seasoned Ninth Circuit appellate and civil rights attorney.
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May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms
Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
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May 20, 2025
Chinese EV Battery Giant Generates $4.6B IPO Amid Tensions
Electric-car battery maker Contemporary Amperex Technology Co. Ltd. began trading in Hong Kong after raising a $4.6 billion initial public offering, completing the year's largest equity offering globally despite tension between Washington and Beijing, guided by four law firms.
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May 20, 2025
Veterinarian, Manager Ask To Exit $6M Horse Semen Suit
Two employees of a veterinary firm have asked a Washington federal court to toss a lawsuit accusing them and others of malpractice and negligence stemming from the destruction of about $6.4 million worth of purebred Arabian stallion semen during transport, arguing the complaint improperly lumps all the defendants and allegations together.
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May 20, 2025
UAW Local Agrees To DOL Oversight Of Next Officers' Election
A United Auto Workers local in Warren, Michigan, has agreed to let the U.S. Department of Labor supervise its next officers election, a few months after the U.S. secretary of labor claimed the union's election committee mishandled recordkeeping and ballot oversight during a vote a year ago.
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
6th Circ. Splits On 'Classic,' 'First-Year' Contract Price Dispute
A split Sixth Circuit on Monday upended Parker Hannifin Corporation's win in a breach of contract fight with a Mexican automotive supplier, saying the Ohio company's terms over the price of its pistons didn't govern in a "classic" dispute fit for a law student's first-year contract class.
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May 19, 2025
Interior Dept. Lifts Freeze On Empire Wind Project
The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.
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May 19, 2025
Uber Pushes To Move Sex Assault Cases To Related Districts
Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.
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May 19, 2025
Port Co. Slams 'Sham' Arbitration Bid In Panama Canal Project
A Hong Kong company claiming that its interest in a $1 billion port project near the Panama Canal is being stolen by an investment firm and related entities has urged the Third Circuit not to send the dispute to a "sham" arbitration proposed by the investor.
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May 19, 2025
Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike
A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.
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May 19, 2025
Chicago's Climate Deception Suit Heads Back To State Court
An Illinois federal judge has found that the city of Chicago's lawsuit looking to hold the nation's largest oil producers liable for allegedly deceiving the public about fossil fuel consumption should be litigated in state court.
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May 19, 2025
Ex-CTA Worker Can Take Vaccine Bias Claim To Trial
An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.
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May 19, 2025
GM Issued 'Inadequate' Recall For Bad Engines, Drivers Claim
General Motors LLC knowingly sold vehicles "that were engineered to fail" and issued an "inadequate" recall to prevent "catastrophic" internal engine failure, a group of vehicle owners alleged in a proposed class action filed in Michigan federal court.
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May 19, 2025
Energy Cos. Escape Pa. County's Climate Change Suit
A Pennsylvania state judge threw out Bucks County's Big-Tobacco style lawsuit against 14 oil companies, concluding that neither Pennsylvania law nor any state law can address the greenhouse gas emissions-related claims raised in the county's complaint.
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May 19, 2025
Attys Seek $2M For Fees, Costs In GM Security Bias Deal
Attorneys for Black visitors to Detroit's General Motors-owned Renaissance Center who allege security there unlawfully detained and assaulted them asked a Michigan federal judge to approve almost $2 million in fees and litigation costs days after the court cautioned both sides for slow-rolling the deal's execution.
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May 19, 2025
Pepsi Arbitration Costs Bid Not For Court, Workers Say
A Pepsi distributor told a New York federal court that forcing him to pay arbitration-related costs in a wage case against the company would undermine federal and state wage laws' protective purposes, urging the court to deny the company's request to enforce the terms of the arbitration pact.Â
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May 19, 2025
Kirkland Guides Blackstone's $11.5B Deal For TXNM Energy
Blackstone Infrastructure has agreed to acquire regulated utility holding company TXNM Energy in an all-cash transaction valued at $11.5 billion, including net debt and preferred stock, TXNM said in a Monday announcement.
Expert Analysis
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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UK Top Court Charts Limits Of Liability In Ship Explosion Case
A recent U.K. Supreme Court ruling, capping a ship charterer's damages for an onboard explosion, casts a clarifying light upon the murky waters of maritime liability, particularly concerning the delicate operation of limitation under the Convention on Limitation of Liability for Maritime Claims, says Josep Galvez at 4-5 Gray's Inn.