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Transportation

May 06, 2025
Ind. Landowners Not Owed For Trail Project, Fed. Circ. Affirms

A group of Indiana landowners aren't owed compensation after claiming that their land was taken for a federal rails-to-trails conversion project, the Federal Circuit has ruled.
May 06, 2025
Boeing Battles Bid To Depose Engineer In 737 Max Fraud Suit

Boeing is fighting LOT Polish Airlines' bid to force the deposition of a former 737 Max program engineer, contending the ex-employee's testimony isn't necessary in the airline's $200 million federal lawsuit accusing the aerospace giant of concealing jet design safety concerns to ink a 2016 lease deal. 聽
May 06, 2025
Judge Backs Kellanova In $330M Teamsters Pension Row

An Illinois federal judge on Monday sided with Kellanova in considering cross-motions from the food company and a Teamsters pension fund to enforce and modify an arbitration award governing Kellanova's withdrawal liability after it ended its participation in the multiemployer pension plan in 2019.
May 06, 2025
Autonomous Cars Get Regs Jumpstart, But Long Road Ahead

Federal and California regulators recently proposed new rules carrying the promise of boosting development of the next generation of cars that can drive themselves, but the U.S. is still a ways from seeing wide-scale commercial deployment, despite a growing number of robotaxis and autonomous trucks popping up in cities, experts say.
May 06, 2025
Ga. Panel Considers Reviving Man's MARTA Fall Suit

The Georgia Court of Appeals on Tuesday considered whether to revive a man's suit alleging a faulty guardrail at a Metropolitan Atlanta Rapid Transit Authority train station caused him to fall 26 feet, focusing largely on whether the man's actions on the day of the incident made him a trespasser.
May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver

A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
May 06, 2025
Honda Can't Toss Suit Over Defective Infotainment System

An Illinois federal judge won't fully dismiss a proposed class action from a woman alleging that her 2020 Honda Pilot was sold with a defective infotainment system, finding that she has standing to pursue monetary damages, but not an injunction because she no longer has the vehicle.
May 06, 2025
Split 5th Circ. Nixes Amazon's Appeal To Halt NLRB Case

A divided Fifth Circuit panel found Tuesday that a Texas federal judge did not "effectively deny" Amazon's bid to halt a refusal-to-bargain case at the National Labor Relations Board based on allegations that the agency is unconstitutional, tossing the e-commerce giant's appeal for lack of jurisdiction.
May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit

Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
May 06, 2025
Fed. Circ. Agrees Plane Taxability Patent Doesn't Fly

The Federal Circuit on Tuesday refused to revive an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft," agreeing that it covered subject matter that isn't patentable.
May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants

The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
May 06, 2025
$7.5M Verdict For Oil Co. 'A Calamity Of Errors,' Court Told

A Houston Ship Channel storage facility has asked a Texas appeals court to undo a $7.6 million award in favor of an energy company that contracted for dock space, writing that the trial court's interpretation of their contract set off "a calamity of errors."
May 06, 2025
6th Circ. Backs End To Auto Co. 401(k) Fee Suit

The Sixth Circuit affirmed on Tuesday the dismissal of a proposed class action from Denso International America Inc. workers who alleged mismanagement of their 401(k) plan, backing a Michigan federal court's decision to toss excessive recordkeeping fee claims against the auto parts manufacturer for a lack of specifics.
May 06, 2025
Insurer Denies Coverage For Amtrak Employee Slip-And-Fall

An insurer told an Illinois federal court that Amtrak has no coverage for an underlying slip-and-fall injury lawsuit brought by an employee, because it's not an additional insured under its policy and the underlying litigation cannot be covered because of a workers' compensation exclusion, among other reasons.
May 06, 2025
Car Seat Maker Sued Over Faulty Recall, Replacement Parts

Kids' product maker Dorel Juvenile Group Inc. recalled car seats with a headrest cover that posed a choking hazard to young children, then sent customers new parts that do not solve the problem, according to a proposed class action.
May 06, 2025
Cozen O'Connor Hires Maritime Admin's Former Chief Counsel

Cozen O'Connor has hired the former chief counsel at the U.S. Department of Transportation's Maritime Administration, who advised the agency's聽leader on environmental, fiscal and administrative law issues聽and has helped promote the maritime industry more broadly throughout his career.
May 06, 2025
Aviation Co. Says Workers' Class Action Too Broad

Former employees' bid to certify a class of more than 200 individuals who were abruptly terminated should be rejected, an aviation company told a Florida federal court, saying none of the proposed members reported to the same site and some of the workers were rehired.
May 05, 2025
Class Cert. Partially Granted In Auto Insurance Discount Case

A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.
May 05, 2025
Stewart Revives Vehicle Tracking Patent, But May End IPR

The acting head of the U.S. Patent and Trademark Office has found that the Patent Trial and Appeal Board flubbed its analysis when it invalidated claims in a vehicle tracking technology patent challenged by Verizon Connect in an inter partes review.
May 05, 2025
High Court Won't Touch $44M Award In Deadly Navy Crash

The U.S. Supreme Court has dashed Energetic Tank Inc.'s hopes of its own payout from the U.S. Navy over a deadly 2017 tanker ship collision that it says was the government's fault, after the Second Circuit declared the Navy immune from the company's counterclaims and left it on the hook for $44.5 million in damages.
May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project

A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
May 05, 2025
Ex-Supervisor Says Carvana Fired Him Because Of Disability

A former manager for used car giant Carvana has hit the company with a lawsuit alleging that he was fired for taking time off while disabled and that the company told him as much when it let him go last year.
May 05, 2025
Amazon Seeks To Exit Prime Subscribers' Slow Delivery Suit

Amazon is urging a Washington federal judge to toss a proposed nationwide class action accusing the e-commerce giant of excluding Prime members in poorer ZIP codes from expedited delivery benefits, saying its subscription terms have always informed customers upfront that shipping speeds vary by geographic area.
May 05, 2025
Sunoco Expands Into Canada With $9.1B Parkland Acquisition

Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.
May 05, 2025
Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim

Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.

Expert Analysis

UPS Penalty Demonstrates Goodwill Impairment Red Flags

The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it 鈥� and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
7 Employment Contracts Issues Facing DOL Scrutiny

A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
High Court Unlikely To Expand FSIA In Holocaust Asset Fight

Not surprisingly for a court where the majority are strict textualists, the U.S. Supreme Court justices appear poised to rule in favor of Hungary in Republic of Hungary v. Simon, reaffirming the Foreign Sovereign Immunities Act as a narrow exception to jurisdiction, say attorneys at Lewis Baach.
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.