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Transportation
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June 09, 2025
Philly Cut From American Airlines Suit After Contrary Takes
The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.
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June 09, 2025
Textron Can't Sidestep Plane Crash Case, NC Panel Told
The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.
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June 09, 2025
Tesla Buyers End 'Right To Repair' Monopoly Suit
Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.
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June 09, 2025
Southwest Beats Customers' 737 Max Overcharge Suit
A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.
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June 06, 2025
DC Circ. Backs FERC Extension For Southgate Pipeline Work
A D.C. Circuit panel on Friday affirmed the Federal Energy Regulatory Commission's construction deadline extension for the Mountain Valley Pipeline's southern spur, with one judge characterizing a suit challenging it as "typical" of litigation that has stymied American progress.
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June 06, 2025
Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking
Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
6th Circ. Sends GM Emissions Fraud Claims Back To Michigan
The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Iraq Says $120M Pier Award Enforcement Must Be Thrown Out
Iraq has filed an appellate brief urging the D.C. Circuit to overturn a lower court ruling giving a Cypriot construction firm permission to enforce a nearly $120 million arbitral award it won in a dispute over a major port project.
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June 06, 2025
GM Says Texas Data Privacy Âé¶¹´«Ã½suit Flouts Ch. 11 Sale Order
General Motors asked a New York bankruptcy court to enforce a 2009 Chapter 11 sale order, saying a recently amended consumer data privacy complaint from the Texas attorney general effectively includes successor liability claims it didn't inherit.
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June 06, 2025
Argentina Tells DC Circ. $391M Award OK Must Be Nixed
Argentina has asked the D.C. Circuit to overturn a lower court decision ordering it to pay a $391 million arbitral award issued following a 15-year-old dispute over the renationalization of the country's state-owned airline.
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June 06, 2025
Feds Want Comments On Altering ESA Conservation Rule
The U.S. Fish and Wildlife Service on Friday said it's considering altering a Biden-era rule intended to increase participation in voluntary conservation programs, and asked the public for input.
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June 06, 2025
Aetna Seeks Quick Appeal In $20M Air Ambulance Billing Case
Aetna is seeking an immediate midstream appeal of an order in Connecticut federal court forcing it to face $20 million in emergency billing claims by six air ambulance companies, saying a quick decision could help settle a circuit split and stop copycat cases.
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June 06, 2025
Colo. Parking Co. Hit With Class Claims Over 'Illegal' Fees
A Colorado-based parking company was accused in federal court Thursday of using "illegal" data and fine collection practices by intentionally obscuring its "exorbitant" fees for customers using its parking facilities.
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June 06, 2025
4th Circ. Denies Bid To Inflate $300K Insurance Payout
Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the couple's many insurance policies can be stacked.
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June 06, 2025
Contractor Says Insurer Owes $2M For Caltrans Bridge Losses
A Zurich Insurance Group unit cannot use exclusions to avoid covering more than $2 million in losses a contractor incurred after losing steel casings while constructing a bridge foundation near a Northern California city for the state Department of Transportation, according to a lawsuit removed to federal court.
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June 06, 2025
Auto Industry Questions Update To FCC Connected-Tech Ban
With the automotive technology players saying they need more time to assess their supply chains, the Federal Communications Commission is giving the public an additional 18 days to comment on a proposal that would add to the list of vehicle connectivity technologies banned from Russian and Chinese manufacturers.
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June 06, 2025
Truck Drivers Urge 9th Circ. To Reverse OT Exemption Ruling
Truck drivers said a California federal court focused on the wrong shipper when it ruled that they were overtime-exempt under the Fair Labor Standards Act, urging the Ninth Circuit to flip the decision granting a win to a food distributor.
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June 06, 2025
Ex-CEO Nets Deal With PE Firm To End Dispute Over Firing
The former CEO of a defense industry supplier has settled his lawsuit alleging he was duped into taking the job by a North Carolina private equity firm and then fired for refusing to go along with fibs about its financial future to a major client, according to a notice filed Friday.
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June 06, 2025
Feds Tee Up Redo Of Vehicle Fuel Economy Standards
The U.S. Department of Transportation said Friday that vehicle fuel economy standards issued by the Biden administration improperly factored electric vehicles into the calculus, resulting in overly stringent standards that the Trump administration will soon revise.
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June 06, 2025
4th Circ. Stays Ruling Restoring Frozen Federal Grant Funding
A split Fourth Circuit panel has blocked a South Carolina federal judge's order directing the federal government to restore 32 congressionally funded grants that were frozen by the Trump administration, while casting doubt on nonprofits' and cities' legal challenge.
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June 06, 2025
Union Pacific Seeks End Of BIPA Case After Late Filings
Union Pacific Railroad Co. claims that it is entitled to an immediate win on claims it violated truck drivers' biometric privacy rights, days after an Illinois federal judge struck the plaintiffs' opposition papers to Union Pacific's summary judgment motion because they missed filing deadlines.
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June 06, 2025
Greenberg Traurig Adds Perkins Coie Tech Transactions Pro
Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.
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June 05, 2025
Fla. High Court Denies Property Rights In Special Taxi Permits
The Florida Supreme Court on Thursday ruled taxi permits that weren't recognized by a county jurisdiction after a special district was dissolved don't constitute an unconstitutional taking by the government without compensation, saying the state Legislature repealed the licenses' property rights in 2017.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Âé¶¹´«Ã½
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Âé¶¹´«Ã½ Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Âé¶¹´«Ã½yer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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UK Top Court Charts Limits Of Liability In Ship Explosion Case
A recent U.K. Supreme Court ruling, capping a ship charterer's damages for an onboard explosion, casts a clarifying light upon the murky waters of maritime liability, particularly concerning the delicate operation of limitation under the Convention on Limitation of Liability for Maritime Claims, says Josep Galvez at 4-5 Gray's Inn.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Âé¶¹´«Ã½yer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.