Transportation

  • February 28, 2024

    9th Circ. Won't Undo Airline Price-Fixing Settlement Payout

    The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order. 

  • February 28, 2024

    6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too

    The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.

  • February 28, 2024

    Textron, DJI End Texas Drone Patent Case After $279M Verdict

    A Texas federal judge has signed off on a notice by Textron Innovations Inc. and Chinese aerospace company SZ DJI Technology Co. Ltd. that they've agreed to dismiss a case in which DJI was found to have infringed Textron's drone patents and told to pay $279 million last year — the fourth-largest patent damages award of 2023.

  • February 28, 2024

    Truck Co. Must Justify NC Venue In $70M Volvo Contract Row

    A North Carolina federal court has punted on dismissing a Mexican trucking company's $70 million lawsuit against Volvo over allegedly defective semi-trucks, ruling that the business first needs to justify the litigation venue.

  • February 28, 2024

    Brazilian Airline Approved For Ch. 11 Loan Worth $1B

    GOL Linhas Aereas Inteligentes SA received final bankruptcy court approval Wednesday for a debtor-in-possession financing package that has grown to $1 billion after achieving consensus with creditors that previously objected to the package.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Alaska Airlines Says Religion Didn't Factor Into Worker Firings

    Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.

  • February 28, 2024

    ​​​​​​​Fiat Says Drivers Can't 'Pick And Choose' Warranty Terms

    A putative class of Dodge, Chrysler and Jeep vehicle owners cannot hold Fiat Chrysler to a promise of lifetime free repairs when the customers failed to hold up their end of the bargain, the automaker argued Wednesday at a hearing in Michigan federal court, asserting that the drivers failed to get required inspections.

  • February 28, 2024

    NC Biz Court Pares Feud Over Costly City Streetcar Expansion

    The North Carolina Business Court has narrowed a general contractor's $115 million lawsuit against the city of Charlotte stemming from a streetcar line construction project, saying the city isn't immune but that a swath of claims were otherwise filed too late.

  • February 28, 2024

    Pair Can't Sue Over Crash Caused By Chase, Ga. Court Says

    The Georgia Court of Appeals on Tuesday affirmed the dismissal of a lawsuit brought against the state's Department of Public Safety by a married couple who alleged a state trooper's reckless disregard for safety during a high-speed pursuit resulted in a crash that injured the husband.

  • February 28, 2024

    11th Circ. Says Late Filing Dooms Black Trucker's Bias Suit

    The Eleventh Circuit has refused to reinstate a lawsuit filed by a Black former truck driver for a waste management company who said he was unfairly berated by his supervisor and then fired after 30 years of service, saying he filed his pre-suit discrimination charge too late.

  • February 28, 2024

    Gov't Contracts Of The Month: AI, $1.2B Submarine Upkeep

    In February, the U.S. Patent and Trademark Office announced a deal to expand its artificial intelligence capabilities, the U.S. Navy gave a shipbuilder $1.2 billion to begin its overdue overhaul of the USS Boise, and the U.S. Defense Health Agency expanded its contractor pool for a $2.5 billion information technology deal, after being accused of unfairly evaluating bidders' proposals. These are Law360's top government contracts for February.

  • February 28, 2024

    Energy Cos. Urge Justices To Slam Brakes On Climate Suits

    Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.

  • February 27, 2024

    GM Calls Auto Parts Co.'s Raid Conspiracy Claim 'Delusional'

    General Motors argued Monday that a Michigan federal judge should toss "delusional" counterclaims from an aftermarket auto parts company in a suit that claims the company is selling replica parts with no license, saying accusations the auto giant lied to spark a government raid are "facially implausible."

  • February 27, 2024

    7th Circ. Won't Disrupt Volvo's Veteran Bias Suit Win

    The Seventh Circuit refused Tuesday to reinstate a U.S. Army veteran's $7.8 million trial win in her long-running case accusing Volvo of firing her over military-related absences and post-traumatic stress disorder, ruling a lower court reasonably concluded that the verdict was tainted by passion and prejudice.

  • February 27, 2024

    Passenger Rips United's Bid To Dump Sustainable Fuels Suit

    United Airlines can't hide behind federal statute to escape state fraud claims that it deceptively marketed its use of sustainable aviation fuels and its plans to be green and carbon-neutral, a customer suing the company told a Maryland federal judge Monday.

  • February 27, 2024

    Colo. Wants Immediate End To Sick Leave Law Challenge

    The state of Colorado called on a federal court to immediately dismiss an airline lobbying group's challenge to a state sick leave law, arguing that recent precedent established that the law was not preempted by the Airline Deregulation Act.

  • February 27, 2024

    5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award

    A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.

  • February 27, 2024

    American Airlines Says ESG Doesn't Break Fiduciary Duty

    American Airlines Inc. has asked a Texas federal judge to ground a proposed class action involving environmental, social and governance policies in retirement plans, saying Monday that the plaintiff has no evidence that the airline breached fiduciary duty or that he suffered a loss.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    BNSF Made $75M BIPA Deal After Landmark Award Wiped Out

    A class of truck drivers have asked an Illinois federal judge to grant initial approval of a $75 million deal with BNSF Railway Co., after a Chicago federal jury found the railroad violated Illinois' biometric privacy law in 2022 but the initial $228 million judgment was thrown out.

  • February 27, 2024

    GOP Seeks To Bar DHS From Sending Air Marshals To Border

    Sen. Ted Cruz, R-Texas, introduced legislation on Tuesday that would bar the U.S. Department of Homeland Security from deploying federal air marshals to U.S. borders for border control unless a national immigration crisis has been declared, amid claims that the deployments are stressing resources and making it riskier to fly.

  • February 27, 2024

    Venable Trial Atty Boosts Orrick's IP Team In LA

    Orrick Herrington & Sutcliffe LLP continues boosting its intellectual property team, saying Tuesday it has brought on a Venable LLP patent litigator as a partner in its Los Angeles office.

  • February 27, 2024

    Fla. Judge Says Yacht Suit Doesn't Support Punitive Damages

    A Florida federal judge has recommended that punitive damages sought in a bad faith lawsuit against Travelers over failing to properly investigate a damaged yacht claim should be tossed, saying that the allegations don't support the higher standard needed to show malicious behavior or reckless disregard by the insurance company.

  • February 27, 2024

    No Merit To Gas Pipeline Safety Rules Fight, Feds Say

    The U.S. Department of Transportation on Monday urged the D.C. Circuit to reject a gas pipeline industry group's challenge of a handful of new safety standards for transmission pipelines, saying it shouldn't be legally second-guessed over what amounts to a policy disagreement at the margins.

Expert Analysis

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • A Rare Look At Judicial Interpretation Of LEG Exclusions

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    A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Challenges Remain In Financing Energy Transition Minerals

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    COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

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