On Wednesday, April 23, an Ohio jury decided that GATX is off the hook for helping Norfolk Southern (NS) pay for the $600 million settlement with residents of East Palestine.

This case stemmed from a $600 million settlement tied to the NS derailment in East Palestine, Ohio. While OxyVinyls already settled, the jury was left to decide whether GATX—whose railcars were involved—should share in the liability. Their answer: no.

It’s worth noting: this ruling doesn’t change the payout to the residents of East Palestine. That class settlement remains intact.

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On April 29, 2025, the U.S. Supreme Court heard oral argument about whether federal courts may certify a Rule 23(b)(3) class seeking damages when some of the class members lack Article III injury. To learn more, please read our Client Alert Supreme Court Hears Argument About Uninjured Class Members and for more background information, please see our prior post Supreme Court to Hear Case on Certification of Rule 23(b)(3) Classes with Uninjured Class Members.

On April 21, 2025, the FTC filed an enforcement action against Uber alleging that it enrolled consumers in Uber One without proper consent, created substantial barriers to cancellation, and misrepresented the financial benefits of the subscription. To learn more, please read our Client Alert Three-Clicks You’re Out? The FTC’s Action against Uber Showcases That Businesses Need To Provide Transparent Cancellation Processes.

Please listen in as hosts Nicole Simonian and Dj Wolff, co-chairs of Crowell’s International Trade Group, speak with Daniel Cannistra, an International Trade partner with experience in all things tariffs. This segment provides an overview of the current tariff landscape and covers some best practices for how to navigate it.

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.

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On April 28, 2025, President Trump issued an Executive Order for Enforcing Commonsense Rules of the Road for America’s Truck Drivers. The EO declares it “the policy of [the] Administration to support America’s truckers and safeguard our roadways by enforcing the commonsense English-language requirement for commercial motor vehicle drivers and removing needless regulatory burdens that undermine the working conditions of America’s truck drivers.” Current Federal law provides that a commercial motor vehicle driver must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” 49 C.F.R. § 391.11(b)(2). A June 15, 2016, Federal Motor Carrier Safety Administration (“FMCSA”) guidance document describes circumstances in which that regulation will and will not be enforced. The new EO requires that the Secretary of Transportation rescind that guidance document within 60 days and issue new guidance with “revised inspection procedures necessary to ensure compliance with the requirements of 49 C.F.R. 391.11(b)(2).” Such guidance should ensure that “a violation of the English language proficiency requirement results in the driver being placed out-of-service.”

Continue Reading New Executive Order on English Language Requirement for Commercial Vehicle Drivers
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On April 24, the Department of Transportation announced the Trump Administration’s new framework for the regulation of Automated Vehicles (“AVs”). To learn more, please read our Client Alert NHTSA Announces First Actions Under Trump Administration’s New Framework for Removing Regulatory Barriers for Automated Vehicles.

The Fifth Circuit vacated the FTC’s Combatting Auto Retail Scams (CARS) Rule in January of this year, finding that the FTC failed to follow the correct administrative procedures when it promulgated the regulation. To learn more, please read our Client Alert Auto Dealers: Buckle-Up Enhanced State-Level Enforcement Ahead.

A high-stakes jury trial is underway in Ohio federal court to determine whether GATX and OxyVinyls should reimburse Norfolk Southern (NS) for some or all of a $600 million class-action settlement tied to the 2023 East Palestine derailment.

The Backstory

  • In April 2024, NS agreed to the class payout after months of litigation over the derailment that led to chemical fires and allegations of widespread community harm. NS brought OxyVinyls and GATX into that mass litigation before it settled with the plaintiff class. Now, NS wants GATX (owner of the tank car with the failed wheel bearing) and OxyVinyls (shipper of the chemicals) to foot the bill.
Continue Reading Rail Derailment Trial Kicks Off: Who Pays For East Palestine?
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In the current environment, disruption and lack of predictability are the new norm. As we experienced in the COVID-19 pandemic, the force majeure clause is taking center stage at least for some companies. It is time to review your contracts to make sure you understand how these clauses apply.

Continue Reading Force Majeure Clauses in Transportation, Supply Chain, and Logistics Agreements – In the Spotlight Again!