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In Kiekert de Mexico S.A. de CV v. Brose Jefferson, Inc., another federal court in Michigan relied on the 2023 Airboss ruling regarding “release-by-release” agreements in an order allowing an auto parts supplier in Mexico to reject order-by-order purchase releases from a Michigan purchaser, finding that the “needs” of the buyer under the parties’ agreement were too vague to meet the statute of frauds.

At the heart of this issue is what amount of specificity exactly is required to spell out a “requirements contract,” which is enforceable under the statute of frauds and cannot be terminated on an order-by-order basis. In the absence of sufficient specificity, a release-by-release agreement allows either party to walk away from the “blanket” or “umbrella” supply agreement except as to specific release orders that are issued and accepted.

Continue Reading Another Michigan Auto Parts Agreement Terminated Under Release-By-Release Doctrine

On Thursday, the President signed three Congressional Review Act (CRA) resolutions that effectively prevent California from implementing its zero emission mandates for passenger vehicles and commercial trucks and its stricter emission standards for heavy-duty vehicles. Previously, the Government Accountability Office and the Senate Parliamentarian determined that the Biden Administration EPA’s approvals of these mandates were waivers from federal (Clean Air Act) preemption and not rules for CRA purposes, but the House and Senate nevertheless passed all three resolutions. In signing the resolutions into law, President Trump proclaimed that the resolutions “prohibit the EPA from approving future waivers for California that would impose California’s policy goals across the entire country. . . ending the electric vehicle mandate for good.” That same day, the State of California and ten other states filed suit in a federal district court in California, challenging the three CRA resolutions as unconstitutional and contrary to multiple federal statutes.

This May, Crowell’s Erik Woodhouse spoke on a panel hosted by Windward/RUSI Centre for Finance & Security that explored the implications of the 2025 OFAC maritime sanctions advisory for compliance in the maritime sector. Erik is an International Trade partner and former Deputy Assistant Secretary of State for Counter Threat Finance and Sanctions at the Department of State.

Watch on-demand: “OFAC 2025: The New Era of Maritime Compliance & What It Means for You.”

Please listen in as hosts Nicole Simonian and Dj Wolff, co-chairs of Crowell’s International Trade Group, and featured guest Dan Wolff, a Transportation, and Litigation and Trial partner, review and consider the impact of the Court of International Trade’s recent decision on the tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA).

Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives.

Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts 

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On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. As a result of the Court’s dismissal, a federal circuit split on the inclusion of uninjured class members in Rule 23 damages classes remains. While the Court did not reach the petition’s merits, Justice Kavanaugh wrote in dissent that he would have reached the merits and would have held “that a federal court may not certify a damages class that includes both injured and uninjured members.”

For more information about the Court’s recent dismissal, please read our Client Alert Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted.

We are proud to announce that Crowell has again been ranked in Band 2 of the “Transportation: Aviation: Transactional − Nationwide” category in the Chambers USA 2025 guide.

In addition, two of Crowell’s premier Aviation attorneys, Amna Arshad and Mary-Caitlin Ray, are ranked in the “Transportation: Aviation: Regulatory – Nationwide” category. Amna is recognized in Band 2, a testament to her handling of a “wide range of aviation regulatory and compliance issues,” and Mary-Caitlin is listed as “Up and Coming” due in part to her experience “advising clients on regulatory implications for emerging technologies such as eVTOL aircraft or drones.”

A hearty congratulations to all for these notable achievements.

For more information on Crowell’s practices and lawyers rankings at large, please take a look at the firm-wide announcement.

On May 28, 2025, the Court of International Trade granted summary judgment in V.O.S. Selections, Inc. et al v. Donald J. Trump Case No. 25-cv-66, ordering that all the executive orders imposing tariffs on the basis of IEEPA (Executive Order 14193, Executive Order 14194, Executive Order 14195, Executive Order 14257), were declared to be invalid as contrary to law.  The operation of the tariff orders is permanently enjoined and the Court ordered that administrative orders to effectuate the permanent injunction shall be issued within 10 calendar days.

Continue Reading U.S. Court of International Trade Blocks IEEPA Tariffs

This week, the U.S. Senate voted to block California’s emissions standards for cars and trucks after taking a procedural vote that defied the Government Accountability Office and the Senate parliamentarian.

The party-line vote allowed Republicans to use the expedited procedures and simple-majority threshold, forgoing the filibuster, under the Congressional Review Act (CRA) to override California’s Clean Air Act waivers from the Environmental Protection Agency.

Continue Reading Congress Voted to Revoke California Waivers, Stalling EV Deployment Efforts

On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.

Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink

We are pleased to announce the release of Crowell’s Crisis Handbook designed to assist those who find themselves faced with challenging issues that require immediate action. Download your copy today.

Inside the handbook, you can find our recommendations on mastering internal investigations, safeguarding attorney-client privilege, navigating search warrants, handling government subpoenas, and more. Our elite investigations team that comprises seasoned white-collar and regulatory enforcement attorneys from around the world are ready to support you.