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Transportation
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August 26, 2025
Delta To Pay LA Residents $79M For Dumping Fuel On Them
Delta Air Lines Inc. and a certified class of Angelenos urged a California federal judge to vacate his summary judgment ruling and preliminarily approve their $78.75 million deal under which class counsel would receive up to $26 million to end consolidated litigation over a 2020 jet fuel dumping incident.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
Farmers Defend Climate Superfund Law Against Challenges
Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.
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August 26, 2025
FOIA Results Wanted Before Ruling In DOGE Disclosure Suit
A D.C. federal judge said he wants to see how the Trump administration responds to Freedom of Information Act requests submitted in February before deciding on the government's motion to dismiss an environmental group's suit claiming that DOGE teams working in federal agencies have violated transparency laws.
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August 26, 2025
4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit
The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."
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August 26, 2025
SEC Says Nikola's Ch. 11 Plan Mischaracterizes $80M Penalty
The U.S. Securities and Exchange Commission objected to the Chapter 11 plan of electric-truck maker Nikola Corp. on Tuesday, saying the plan improperly treats the agency's $80 million civil penalty claim as if it were a damages claim behind other unsecured creditors in the priority scheme.
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August 26, 2025
Towing Co. Fights 'Excessive' $45M Motorcycle Crash Verdict
A Connecticut towing and recovery company has asked a state judge to order a new trial or reduce a jury's $45 million verdict for a motorcycle rider who was left permanently paralyzed in a crash with a customer's vehicle, calling the award "excessive" and unsupported by the plaintiff's own expert witness.
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August 26, 2025
Court Asked To Reconsider Burford Capital Arb Fight Ruling
German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.
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August 26, 2025
Wonderland Gets ITC To Eye Car Seat Imports Over Patents
The U.S. International Trade Commission said it will look into allegations that a U.S. arm of children's products maker Dorel Industries and a series of Chinese companies flouted federal law by importing car seats that Wonderland Switzerland AG said infringed its patents.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Trucking Co. Strikes Deal To End Class Suit Over 401(k) Fees
Knight-Swift Transportation reached a deal to settle a 23,500-member class action claiming the trucking business failed to rein in excessive fees charged to workers in its $432 million retirement plan, according to a filing in Arizona federal court.
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August 26, 2025
Atty's Comments Don't Warrant A New Trial In Crash Suit
A Florida appeals panel has reversed an order for a new trial in a suit over a car accident, saying that the trial court abused its discretion in finding that the defense attorney's comments warranted a redo in the case.
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August 25, 2025
Lion Air Plaintiffs Say High Court Ruling Allows RICO Claims
An Illinois federal judge seemed skeptical Monday that a recent U.S. Supreme Court ruling opened the door for an entrepreneur's family to add civil racketeering claims to their lawsuit stemming from a 2018 Lion Air crash that destroyed cargo they say is necessary to continue doing business in Italy.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
Florida Co. Failed To Back Up VA Trip Claims, GAO Says
A Florida company tapped to provide transportation services for a U.S. Department of Veterans Affairs medical center did not offer any proof to support allegations that the VA diverted some trips to another business, the U.S. Government Accountability Office said.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Fired CTA Worker Faced Bias Over Vax Refusal, Jury Told
A former Chicago Transit Authority electrician was unlawfully fired from his job after he refused to take the COVID-19 vaccine due to his Catholic faith, even if he also had medical and scientific concerns with the shot, an Illinois federal jury heard on Monday.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
Marelli Wins Ch. 11 Ruling To Resume Arbitration In Italy
A Delaware bankruptcy judge said he would lift the automatic stay on an arbitration proceeding in Italy, finding that it wouldn't prejudice a company with counterclaims against automotive parts manufacturer Marelli Corp.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
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August 25, 2025
Care Facility Not Covered In Chase Crash Suit, Insurer Says
An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal court, saying the claims do not trigger the insuring agreement.
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August 22, 2025
3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening
A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.
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August 22, 2025
9th Circ. Weighs Religious Bias Suit In LGBTQ+ Post Firings
An attorney for two Christian flight attendants who say they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights urged the Ninth Circuit Friday to revive their case, saying it is clear from the record that they were fired for their religious beliefs.Â
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August 22, 2025
Eletson Looks To Nix $102M Award Over Reed Smith 'Fiction'
The new owner of international shipping company Eletson has asked a New York federal judge to vacate a $102 million arbitral award issued in a dispute with competitor Levona, saying the award is based on a "fiction" perpetuated by the company's former owners as assisted by their Reed Smith LLP counsel.
Expert Analysis
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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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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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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.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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Tesla's Robotaxi Push Exposes Gaps In Product Liability Law
As Tesla's deployment of robotaxis on public roads in Austin, Texas, faces regulatory scrutiny and legislative pushback, the legal community confronts an unprecedented challenge: how to apply traditional fault principles, product liability laws and insurance practices to vehicles that operate as rolling computers, says Don Fountain at Clark Fountain.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.