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Transportation
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June 02, 2025
Ga. Panel Urged To Back $17M Honda Seatbelt Verdict
A Georgia man whose wife was killed after being ejected from her Honda SUV asked a Georgia appellate panel Monday to uphold a $17 million verdict against the automaker, urging the court to reject Honda's arguments that it was wrongly denied the chance to defend itself after its attorneys introduced prohibited materials at the trial's opening.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Âé¶¹´«Ã½360 looks at the major merger review developments from May.
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June 02, 2025
Texas Bill Aimed At Curbing Juries' Injury Verdicts Fails
A controversial bill that would have limited jury awards for injured Texans died Sunday after the two branches of the Texas Legislature couldn't hash out differences in the bill's language.
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June 02, 2025
GM Says $2M Fee Ask In Security Bias Case Is 'Outlandish'
The General Motors-owned Detroit Renaissance Center and a security company said attorneys for visitors to the building's hotel are asking for "outlandish" attorney fees, urging a Michigan federal judge to reject the $2 million request because it was submitted without documentation.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Emotional Distress Claim Dropped In Ohio Derailment Âé¶¹´«Ã½suit
An industrial tube maker dropped an emotional distress claim from a seven-count complaint seeking to hold Norfolk Southern liable for the fallout to local businesses impacted by a February 2023 train derailment and chemical spill in Ohio, according to an order released Monday.
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June 02, 2025
FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told
The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.
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June 02, 2025
Supreme Court Asks US To Weigh In On Hertz's Ch. 11 Appeal
The U.S. Supreme Court invited the solicitor general Monday to file a brief in car rental giant Hertz's challenge to a Third Circuit ruling that as a solvent debtor it owed noteholders $272 million in interest and fees when it emerged from Chapter 11.
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June 02, 2025
Justices Won't Consider Overturned $10M Ruling In Toyo Case
The U.S. Supreme Court on Monday rejected Atturo Tire Corp.'s request to have the Illinois Supreme Court review a Federal Circuit decision that discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.
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May 30, 2025
Kousisis May Boost Fraud Cases, But Questions Remain
The U.S. Supreme Court's finding that inducing a transaction through lies, even with no intent of economic loss, is a valid basis for a wire fraud conviction opens the door for a wave of aggressive fraud prosecutions, but unanswered questions on issues like materiality may lead the court to again consider reining in the government's power.
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May 30, 2025
Fla. Trucking Co. Exec Gets 23 Years For Duping 1,600 People
A Florida federal judge on Friday sentenced the former president of a trucking and logistics company to 23 years in prison for defrauding more than 1,600 people who invested millions of dollars in purchasing big-rig vehicles, calling the crime "a classic Ponzi scheme of staggering scale."
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May 30, 2025
No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.
The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.
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May 30, 2025
Mass. Transportation Agencies Sued For $1.2M In Runoff Fees
Boston's Water and Sewer Commission is accusing the Massachusetts transportation and public transit agencies of failing to pay a new stormwater assessment that went into effect last year.
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May 30, 2025
Associations Back Airplane Parts Cos. In NC Crash Appeal
The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.
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May 30, 2025
Chicago Backs United's Bid To Join American's O'Hare Fight
The city of Chicago has urged an Illinois federal judge to allow United Airlines to intervene in a lawsuit that American Airlines brought to challenge its decision to reassign gate space at O'Hare International Airport, citing the "unique nature" of the city's agreement with American that functions as a single contract between Chicago and all carriers.
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May 30, 2025
Ford Says No Evidence Of Damages In Oil-Guzzling Suit
Ford Motor Co. is urging a Michigan federal court to throw out a proposed class action alleging it sold vehicles with an oil-guzzling defect, saying the evidence fails to show any actionable damages or that there was any breach of the applicable warranties.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Stellantis, UAW Accused Of Sex Discrimination In $1M Suit
A Michigan woman is seeking at least $1 million in a lawsuit filed Wednesday in Michigan federal court against the U.S. subsidiary of Dutch automaker Stellantis and the United Auto Workers on allegations she was replaced as a team leader by less experienced male colleagues and that the union would not represent her — both due to her gender.
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May 29, 2025
Projects Get Some NEPA Relief, But How Much Is Unknown
The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.
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May 29, 2025
NYC Tour Bus Co. Asks Judge To Rethink Nixing Antitrust Suit
A New York City tour bus operator is once again in the position of trying to convince a federal court to revive the antitrust claims it has brought against several rivals, after a New York federal judge dismissed the second lawsuit the company has filed related to the same dispute.
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May 29, 2025
GM Gets Initial OK For $150M Engine Defect Post-Trial Deal
A California federal judge on Thursday said he'd grant preliminary approval to a $150 million deal General Motors reached with car buyers over an engine defect following a trial verdict against the auto giant that class counsel said, with prejudgment interest, would have cost the company more than $270 million.
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May 29, 2025
DOT Calls States' EV Charging Funding Suit Premature
The U.S. Department of Transportation urged a Washington federal judge to reject an attempt by 16 states to block the Trump administration from cutting off funding for electric vehicle charging projects, saying their claims aren't yet ripe for review.
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May 29, 2025
Fla. Appeals Order To Monitor Indian River Manatees
Florida's Department of Environmental Protection said Wednesday it is appealing an injunction requiring the agency to implement new manatee monitoring programs after a federal judge found it violated the Endangered Species Act by allowing wastewater pollution into the North Indian River Lagoon watershed.
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May 29, 2025
Simpson Thacher, Skadden, Mayer Brown Guide $4B Rail Deal
Wells Fargo, represented by Simpson Thacher & Bartlett LLP, unveiled Thursday a $4.4 billion deal to sell its rail assets to a joint venture formed between Mayer Brown LLP-led GATX and Brookfield Infrastructure Partners, which is advised by Skadden Arps Slate Meagher & Flom LLP.
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May 29, 2025
8th Circ. Says Gov'ts Can't Give Up Eminent Domain Powers
An Eighth Circuit panel vacated an injunction barring a North Dakota county from taking private property it said was needed to build a bridge over the Little Missouri River, although the parties had already settled their claims in April.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Âé¶¹´«Ã½yer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigÂé¶¹´«Ã½
As I adjusted to the multifaceted workflow of a BigÂé¶¹´«Ã½ firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Âé¶¹´«Ã½s
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Steering Clear Of US Sanctions While Paying Pirates Ransom
Maritime operators, insurers and financial institutions must exercise extreme caution when making ransom payments related to Somali piracy, as the payments could trigger primary and secondary sanctions enforcement by the Office of Foreign Assets Control, says Chelsea Ellis at LMD Trade Âé¶¹´«Ã½.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.