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Transportation
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May 29, 2025
Big Oil Caused Woman's Heat Wave Death, Novel Suit Says
The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
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May 29, 2025
Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit
Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.
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May 29, 2025
Flexjet Predecessor Must Pay $24M In Excise Taxes On Fees
An aviation company whose customers pay to share private jets owes $24 million in excise taxes under an Ohio federal court ruling that found the Internal Revenue Service gave the company precise guidance that it was required to collect taxes from its customers on monthly management fees.
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 29, 2025
Car Dealership Settles Bias Case On Heels Of Recusal Bid
A Philadelphia auto dealership has resolved a former manager's suit in Pennsylvania federal court claiming her boss made inappropriate sexual remarks and propositioned her nearly every day, days after the company said a magistrate judge was inappropriately pushing it to settle.
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Brookfield Wins Bid To Vacate Lima's Document Application
A New York federal judge has nixed discovery orders against global investment manager Brookfield sought by the Peruvian city of Lima as the city fights arbitral awards worth about $200 million based on alleged corruption, ruling the city can't prove it is an aggrieved party.
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May 28, 2025
Feds Ask SC Judge To Toss Suit Over Frozen Grant Funding
The Trump administration urged a South Carolina federal judge to dismiss a complaint challenging its authority to freeze and terminate grant funding for lack of jurisdiction, as it also appeals an order directing it to restore several dozen grants funded by Congress.
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May 28, 2025
5 Federal Circuit Clashes To Watch In June
The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.
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May 28, 2025
Execs Smuggled Billions In Goods To Skirt Duties, Feds Say
Two California shipping company executives have been charged with smuggling billions of dollars' worth of goods from the United States into Mexico — avoiding millions of dollars in duties to Mexico — using bogus documents, shell companies, bribes to public officials and kickbacks to drug cartels.
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May 28, 2025
Judge Shields NY Congestion Pricing From Feds' Threats
New York's congestion pricing program can keep running at least through the fall, after a federal judge on Wednesday signaled that the U.S. Department of Transportation likely overstepped its authority by purportedly terminating a federal agreement that gave congestion pricing the green light.
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May 28, 2025
Va. Ruling Undercuts Railroads' Broadband Suit, 4th Circ. Told
Virginia's attorney general is looking to turn a state court loss into a federal court win, telling the Fourth Circuit that a recent Virginia Supreme Court decision curbing a new law that eases access for broadband providers on railroad property actually diminishes a railroad industry association's standing.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
Fla. Ambulance Co. Must Make Missed Payments In OT Deal
An ambulance service will have to shell out the remaining $42,500 it owes to a group of emergency medical technicians and paramedics to settle their overtime after having missed payment deadlines several times, a Florida federal court ordered Wednesday.
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May 28, 2025
Berkshire Hathaway RV Maker Wants End To Defect Suit
A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.
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May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros
A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
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May 28, 2025
Brazilian Airline Azul Files Ch. 11 To Cut $2B Of Debt
Azul SA, one of Brazil's largest airlines, filed for Chapter 11 protection in New York on Wednesday, saying it has a prearranged plan to cut $2 billion of debt from its balance sheet.
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May 27, 2025
'Gone In 60 Seconds' IP Appeal 'Stalls At Starting Line'
A Ninth Circuit panel held Tuesday that the customized Ford Mustangs called "Eleanor" that were featured in four films — most recently in the 2000 Nicolas Cage film "Gone in 60 Seconds" — is not a copyrightable character.
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Greenpeace Fights To Walk Back $666M Pipeline Verdict
Greenpeace on Tuesday continued its post-trial attack on a $666 million defamation and property damage case against Dakota Access pipeline builder Energy Transfer, telling a North Dakota judge that a lack of evidence requires overturning numerous jury findings.
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May 27, 2025
Judge Raises Eyebrow At DHS Move To Scrap TSA Union Deal
A Washington federal judge seemed troubled by the government's February move to rip up a union deal covering Transportation Security Administration workers, but didn't tip her hand at a hearing Tuesday as to whether she thinks the American Federation of Government Employees deserves an injunction.
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May 27, 2025
Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction
Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.
Expert Analysis
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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.
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Series
Playing Beach Volleyball Makes Me A Better Âé¶¹´«Ã½yer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.