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November 14, 2024
Trump Picks ND Gov. To Lead Interior Dept.
President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.
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November 14, 2024
Insurer Says Mich. Lawyers Lying About Its Auto Coverage
A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.
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November 14, 2024
United Urges 7th Circ. To Back Vax Mandate Suit Dismissal
The Seventh Circuit shouldn't disturb a district court's decision to toss a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate because they've either forfeited or improperly supported all their arguments on the issue, the airline argued Thursday.
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November 14, 2024
LuLaRoe Hit With $164M Verdict In Contract, Fraud Trial
Troubled multilevel marketing company LuLaRoe has been saddled with a $164 million jury verdict in California state court for breaching its contract with a clothing supplier and fraudulently hiding assets in real estate ownership entities and a race car company to avoid paying up.
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November 14, 2024
Scooter Victim Can't Show Lime Had Duty Of Care, Panel Says
A Colorado Court of Appeals panel on Thursday affirmed the dismissal of a woman's negligence suit against an electric scooter company after she was hit by a scooter driver, finding the company's decision to rent out the scooters does not create a duty to protect the public from people's unsafe use of them.
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November 14, 2024
NYC Speeds Away From Taxi Drivers' RICO Claim
New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."
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November 14, 2024
XL Fleet SPAC Suit Tentatively Settled For $4.75M In Del.
Investors in a December 2020 blank-check company merger that took hybrid-car retrofit venture XL Fleet public have preliminarily settled a four-count fiduciary duty breach suit in Delaware's Court of Chancery for $4.75 million.
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November 14, 2024
AutoNation Affiliate Worker's Harassment Suit Heads To Trial
A Florida federal judge on Wednesday trimmed a lawsuit by a former employee of an AutoNation affiliate who says he was sexually harassed on the job by a co-worker, but agreed to send negligence and hostile work environment claims to a jury in January.
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November 14, 2024
NY Gov. Brings Back Manhattan Congestion Pricing Plan
The resurrection of New York City's plan to charge all vehicles a fee for entering Manhattan's busiest corridor demonstrates a mad dash in the final months of the Biden administration to expedite infrastructure projects perceived as political lightning rods before President-elect Donald Trump takes office.
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November 14, 2024
UPS Driver's Class Claims Can Stay In Court, Judge Says
UPS can't make a driver arbitrate his sick leave and wage class claims against the company, a Colorado federal judge ruled, finding the plaintiff is part of a group of workers who are exempt under federal arbitration law because their jobs are linked to interstate commerce.
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November 14, 2024
Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties
An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.
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November 14, 2024
Trade Court Won't Relitigate Customs Broker Exam Dispute
The U.S. Court of International Trade has tossed a second suit brought by a Nebraska man challenging a question on his customs broker exam, finding that he had brought the same challenge to that question the first time around.
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November 14, 2024
EPA Expands List of Solvent Risks, Targets Tire Chem Rules
The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.
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November 14, 2024
NHTSA Fines Ford $165M, Second-Largest Civil Penalty
The National Highway Traffic Safety Administration on Thursday said it has issued Ford Motor Co. a fine of up to $165 million — the second-largest civil penalty in the agency's history — over the carmaker's failure to recall vehicles promptly.
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November 14, 2024
9th Circ. Won't Upend Certification In Nissan Sunroof Suit
The Ninth Circuit on Thursday refused to undo class certification in a suit alleging Nissan North America Inc. sold vehicles with defective sunroofs prone to shattering, saying the trial court correctly found that there were common questions of law and fact among vehicle owners in the case.
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November 14, 2024
Fake Bear, Real Fraud: Calif. Arrests 4 In Insurance Scheme
Four Los Angeles area residents were charged with insurance fraud and conspiracy after claiming that over $141,000 in damages to luxury autos were caused by a bear, though videos submitted to their insurers showed a person in a bear costume wreaking havoc, a California Department of Insurance spokesperson said.
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November 14, 2024
UPS Execs Swept Growth Issues Under Rug, Investor Says
UPS has been hit with a second lawsuit in as many months from an investor who says the company inflated its 2024 earning projections before rolling out disappointing numbers this summer that sent the company's value plummeting.
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November 13, 2024
Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling
Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.
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November 13, 2024
Wash. Attys Expect Gov. And AG Will Keep Them Busy
Despite President-elect Donald Trump's anticipated de-emphasis of regulatory enforcement, Washington state antitrust and consumer protection attorneys are still expecting plenty of work in the coming years, as the new Democratic governor-attorney general duo are expected to step up local enforcement.
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November 13, 2024
Mich. Justices Bore Into Railroad's Telecom Tunneling Dispute
Norfolk Southern emphasized its safety concerns Wednesday during oral arguments before the Michigan Supreme Court as it tried to persuade the justices to reverse a ruling finding a telecommunications company did not need the railway's permission to bury fiber-optic cable underneath its tracks.
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November 13, 2024
Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit
A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.
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November 13, 2024
2nd Circ. Doubts Bakery Drivers Fall Under Arb. Requirements
A Second Circuit panel seemed to express skepticism Wednesday over a baked goods company's argument that its products' delivery drivers are not exempt from federal arbitration requirements as interstate transportation workers, weighing in on an independent contractor classification suit that went to the U.S. Supreme Court.
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November 13, 2024
Mich. Justice Jokes He's To Blame For PIP Assignment Fights
A Michigan Supreme Court justice joked Wednesday that his 2017 footnote about patients assigning medical claims to healthcare providers was to blame for complicated recent insurance litigation surrounding plaintiffs who sign over their rights but nevertheless sue insurers.
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November 13, 2024
Highway Workers Reach Deal In Misclassification Row
Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.
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November 13, 2024
LNG Co. Says Full DC Circ. Must Revive Texas Project
The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What To Expect From CFPB And DOT Card Rewards Inquiry
Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.