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Transportation
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January 14, 2025
Colo. State Rep. Sues Lyft, Alleges Sexual Assault By Driver
Colorado state representative Jenny Willford on Monday sued Lyft Inc. in Colorado state court, alleging that a driver for the ride-hailing company sexually assaulted her while using the profile of another man who pled guilty in August to "menacing" someone.
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January 14, 2025
Wash. Co. Says Titan Sub Implosion Claims Should Be Tossed
A Washington state-based company that allegedly helped construct the Titan submersible that imploded en route to the Titanic wreck in 2023 has said certain maritime claims lodged by the family of one of the victims are invalid because he wasn't an employee of the company.
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January 14, 2025
CDK Cuts Latest Deal In Auto Dealer Data Suit, With App Class
CDK Global LLC inked a new settlement to resolve more claims of monopolizing the market for auto dealership management software, this time with a class of vendors who make apps for dealerships, in a case that had been set for trial Jan. 27 in Wisconsin federal court.
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January 14, 2025
Biden Finalizes Ban On Chinese, Russian Connected Car Tech
The Biden administration on Tuesday finalized a rule banning the import and sale in the U.S. of passenger vehicles with certain connectivity components made in China or Russia that the administration says could pose national security risks to American infrastructure and consumers.
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January 14, 2025
New Probe Opened Into UAW Misconduct Claims, Report Says
A court-appointed monitor overseeing the United Auto Workers as part of a corruption case settlement said he launched a new investigation into misconduct claims against union officials, while noting the union has handed over requested documents.
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January 14, 2025
John Deere Retailer Shirked OT Pay To Sales Staff, Suit Says
Ag-Pro, the self-described largest retailer of John Deere equipment in North America, was hit with a proposed collective action Monday by a sales employee who alleged the company willfully violated federal law by denying overtime pay to its salespeople.
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January 14, 2025
Mercedes Urges 6th Circ. Redo Of Fire Coverage Ruling
The research group for Mercedes-Benz North America has told the Sixth Circuit it should not have to reimburse the insurer of an Ann Arbor, Michigan, property it rented for a fire it inadvertently set, saying a clause in its lease prevents subrogation.
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January 14, 2025
DOL Backs Uber Drivers' Bid To Revive Employment Case
The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.
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January 14, 2025
CSX Fired Railway Safety Whistleblower, Suit Says
A former maintenance manager with CSX Transportation hit the company with a lawsuit in Georgia federal court alleging his complaints about lapses in railway safety were met with "screaming, cussing, and hollering" before his eventual firing last year while he was out on medical leave.
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January 14, 2025
Pittsburgh Can't Pay To Bow Out Of Bridge Collapse Suits
The city of Pittsburgh can't put up $500,000 and hope to step away from the storm of litigation over the 2022 collapse of the Fern Hollow Bridge, a Pennsylvania state court judge has ruled.
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January 14, 2025
Carvana To Settle Connecticut AG's Consumer Suit For $1.5M
Online car dealer Carvana LLC will pay $1.5 million to settle the state of Connecticut's claims that it delayed sending title and registration papers to buyers and didn't advance timely payments to vehicle sellers, Attorney General William M. Tong said on Tuesday.
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January 14, 2025
Wynne Transportation Can Tap Some Of $6M DIP In Ch. 11
A Delaware bankruptcy judge said Tuesday she will allow transportation service provider Wynne Transportation to borrow $2 million in initial debtor-in-possession financing on an interim basis, clearing the way to fund a Chapter 11 case the company launched in the wake of a nearly $33 million arbitration judgment.
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January 14, 2025
Tribe Members Look To Intervene In 8th Circ. Pipeline Case
Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.
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January 14, 2025
Tribes, Enviro Groups Say Mich. Ignored Climate In Tunnel OK
Native American tribes and environmental groups urged a quiet Michigan appeals panel Tuesday to undo state approval of Enbridge Energy's plan to dig an underground tunnel to house an underwater segment of an oil and natural gas pipeline.
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January 14, 2025
Both Michigan US Attys Resign Ahead Of Inauguration
Michigan's U.S. attorneys, Dawn Ison in the Eastern District and Mark Totten in the Western District, announced their departures this week ahead of President-elect Donald Trump's inauguration.
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January 14, 2025
Jones Day-Led Wabtec Paying $1.8B For Evident Tech Unit
Jones Day-led freight and rail equipment provider Wabtec Corp. said Tuesday it has agreed to acquire Ropes & Gray LLP-advised Evident's inspection technologies division for $1.78 billion.
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January 13, 2025
Texas AG Sues Allstate In Latest Location Data Privacy Strike
Texas' attorney general is accusing Allstate and a subsidiary of violating the state's new comprehensive data privacy law by unlawfully collecting drivers' location data through tracking software embedded in their mobile apps and then using that information to set car insurance rates.
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January 13, 2025
Carnival Waived Arbitration By Rejecting Fee, Ex-Worker Says
A former Carnival ship worker who was injured on the job argued Sunday that Carnival has waived its right to force him into arbitration by refusing to pay the worker's share of the filing fee after he initiated arbitration.
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January 13, 2025
FERC Defends Limited Review Of Cross-Border Gas Pipeline
The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.
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January 13, 2025
COVID-19 Tracking App's Apple Antitrust Suit Snuffed Out
A D.C. federal judge won't permit a COVID-19 tracking app to tweak its proposed antitrust class action against Apple, finding that the amended complaint "stumbles at step one" and cannot adequately describe smartphone and app markets to justify allegations that the technology giant shut out competing tracker apps.
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January 13, 2025
Rail Group Rips FRA In 8th Circ. Waiver Battle
The rail industry has told the Eighth Circuit that the Biden administration is flouting federal law by intentionally delaying decisions on waiver applications from railroads seeking to use new brake and track inspection technologies.
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January 13, 2025
Judge In John Deere Antitrust Case Flags Potential Conflict
The Illinois federal judge overseeing a proposed right-to-repair class action against John Deere told the parties on Monday that he is facing a potential conflict of interest after finding the name of a "good friend" in documents connected to the case.
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January 13, 2025
Justices Won't Grab The State Climate Tort Reins, For Now
The U.S. Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.
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January 13, 2025
State Farm, Insurance Association Escape Data-Sharing Suit
An Illinois federal judge dismissed a proposed class action complaint Monday accusing State Farm of improperly sharing personal health information with a consortium of other insurers that allowed them to raise premiums and deny coverage industrywide, finding the conduct wasn't prohibited under the Illinois Insurance Code.
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January 13, 2025
FHWA Ends 'Buy America' Waiver For Manufactured Products
The Federal Highway Administration on Monday finalized a rule ending a decades-long exception to "Buy America" domestic sourcing requirements for manufactured products used in federally funded highway projects, a change the agency said was intended to boost domestic manufacturing.
Expert Analysis
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.