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Transportation
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December 05, 2023
Seamen Seek To Revive Suit Over COVID-Infested Ship
Seven crew members on a cruise to Antarctica that set off after the U.S. Centers for Disease Control and Prevention's no-sail order at the start of the COVID-19 pandemic urged the Eleventh Circuit on Tuesday to revive their suit against their employer, arguing the proper forum for the claims is Florida.
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December 05, 2023
Roberts Declines To Freeze Virginia Pipeline Construction
U.S. Supreme Court Chief Justice John Roberts declined Tuesday to pause construction of the controversial Mountain Valley Pipeline, allowing work to continue on the natural gas pipeline while Virginia landowners challenge the constitutionality of land seizures related to the project.
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December 05, 2023
Honda Wins Bid To Slash Most Atty Fees In Valve Defect Suit
The counsel behind the $1.4 million valve defect jury verdict for Honda drivers that the automaker called an "abject failure" does not deserve $5.6 million in fees and costs, a California federal judge has ruled, approving only $1.5 million.
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December 05, 2023
6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit
The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.
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December 05, 2023
Judge Decries Obligation To Send Wage Suit To Arbitration
A Massachusetts federal judge reluctantly shipped a wage dispute to arbitration, ruling that a former retail worker was not exempt from the Federal Arbitration Act while bemoaning his obligation to strip the worker of her access to the federal court system.
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December 05, 2023
Geico Gets Preliminary Approval For $5.1M Ga. Settlement
A Georgia federal judge gave preliminary approval Tuesday to a $5.1 million class action settlement between Geico and its policyholders over allegations the insurer undercompensated owners of totaled vehicles by miscalculating applicable tax under Georgia law.
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December 05, 2023
EMT Escapes Crash Suit Under Calif. Med Mal Law
California's Medical Injury Compensation Reform Act, or MICRA, and its one-year statute of limitations dooms a suit accusing an emergency medical technician of hurting a man by negligently rear-ending him in an ambulance because the EMT was working at the time, a California state appeals court has ruled.
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December 05, 2023
Export-Import Bank Slammed As Major Fossil Fuel Financier
Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.
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December 05, 2023
Calif. Justice Asks 'What's Consumer To Do?' In Lemon Fight
California Supreme Court justices on Tuesday doubted Chrysler's arguments that a consumer who traded her lemon vehicle with a third party must deduct its trade-in value from restitution she's entitled to under the Song-Beverly Act, noting Chrysler repeatedly refused to buy back her Jeep, with one justice asking, "What's the consumer to do?"
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December 05, 2023
Mechanics Seek Class Status In Kuwait Forced-Labor Suit
More than two dozen mechanics who worked for ManTech International Corp. are looking to certify their proposed class action accusing The Carlyle Group-owned military contractor of using them as forced labor to repair armored vehicles in Kuwait.
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December 05, 2023
$2M Houston Car Wreck Award Reversed Due To Service Error
A Texas appellate court has reversed a more than $2 million default judgment in a car accident case, writing that the woman injured in the wreck did not follow the Houston court's requirements when serving the driver of the vehicle with her complaint.
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December 05, 2023
Florida Jury Awards Driver $12.2M In Dump Truck Crash
A Florida state jury has awarded a woman $12.2 million for injuries she sustained in a 2020 crash involving a dump truck — the full amount that her attorneys had sought — after less than two hours of deliberation, law firm Morgan & Morgan announced on Tuesday.
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December 05, 2023
Car Service Co. Accused Of Selling Noncompliant Contracts
A Spokane, Washington, woman has lodged a putative class action accusing a vehicle service contract provider and its insurer of violating state law by illegally selling and issuing noncompliant service contracts and protection product guarantees to Washington state customers.
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December 05, 2023
Exxon Rips Estate's 'Wolf's Clothing' In Benzene Case
Exxon Mobil Corp. is urging a Connecticut state court to stand by a jury verdict in its favor against claims that it used excessive amounts of carcinogenic benzene in its products, arguing that the mechanic's estate challenging the verdict put on "wolf's clothing for a garden variety dispute" over expert testimony.
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December 05, 2023
Full DC Circ. Won't Rethink Axed Utah Oil Rail Project
The full D.C. Circuit declined to review a panel's mid-August decision throwing out federal approvals for a railway project aimed at transporting crude oil from Utah, rejecting a railroad company's plea that the panel's decision deviated from precedent.
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December 05, 2023
SoftBank Nabs €473M Majority Stake In Vehicle Software Biz
Telecommunications and IT operator SoftBank Corp. on Tuesday announced it has snagged a majority stake in Cubic Telecom Ltd., which provides software-defined connected vehicle solutions, for €473 million ($511.5 million) in a deal built by four firms.
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December 05, 2023
App Maker Says Faux Atty Lied In Prisoner-Transport Biz Buy
A cryptocurrency influencer and owner of a Pittsburgh-based AI app company said his former chief investment officer faked his bona fides as an attorney and pilot when enticing him to buy a Colorado prisoner-transport company, then backed out of the business and sabotaged its prospects, according to a lawsuit filed in Pennsylvania state court.
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December 05, 2023
Utah Groups File Suit Over Plan For World's Longest Gondola
Two conservation groups in Utah claim the state's transportation department conducted a flawed environmental review for its pitch to build a record-setting gondola that would carry skiers and snowboarders from the outskirts of Salt Lake City up through the scenic Little Cottonwood Canyon to two popular ski resorts some eight miles away in the Wasatch Mountains.
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December 05, 2023
JetBlue-Spirit Deal Trial Wraps As Judge Mulls Middle Ground
While hearing closing arguments in a monthlong bench trial, a Massachusetts federal judge weighed Tuesday whether he could strike a balance between permanently barring a proposed $3.8 billion merger between JetBlue Airways Corp. and Spirit Airlines and letting the deal go through as is.
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December 05, 2023
Yellow Corp. Accepts $1.9B In Bids For Trucking Terminals
Bankrupt trucking firm Yellow Corp. has told a Delaware bankruptcy judge that it plans to sell 128 trucking terminals nationwide to 21 different buyers for over $1.88 billion.
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December 04, 2023
Alaska-Hawaiian Airlines Merger Tests Biden Antitrust Stance
Alaska Airlines and Hawaiian Airlines' proposal to create a strong regional rival to the nation's so-called Big Four carriers will be another test for the Biden administration's aggressive antitrust enforcers, but experts say it's unclear whether fewer overlapping routes and a promise to keep their distinct brands will smooth over regulatory hurdles.
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December 04, 2023
FTC Sues 7-Eleven, Alleging Violation of 2018 Consent Order
The Federal Trade Commission is suing 7-Eleven for buying a Florida fuel outlet without giving prior notice, alleging the purchase violated a 2018 consent order.
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December 04, 2023
Cozy Must Hand Over Docs In Patent Suit, Fed. Circ. Rules
The Federal Circuit has shot down a bid from a child car seat developer challenging a Massachusetts federal magistrate judge's finding that it must produce certain documents in a patent infringement lawsuit.
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December 04, 2023
What's At Stake As Calif. High Court Hears 'Lemon Law' Battle
The California Supreme Court will hear oral arguments Tuesday in a case that could resolve an appellate court split over the Golden State's lemon law, potentially transforming how Chrysler and other automakers act to buy back or replace defective vehicles under the state's Song-Beverly Consumer Warranty Act.
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December 04, 2023
Judge Grounds Airport's Bid To Keep PFAS Suit In Fed. Court
The Gerald R. Ford International Airport in western Michigan must litigate state environmental regulators' forever chemical cleanup lawsuit in state court because the airport authority hasn't shown that it handled the hazardous materials under any specific direction by the federal government, a federal judge ruled Monday.
Expert Analysis
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.
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Forecasting The Impact Of High Court Debit Card Rule Case
John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.