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  • November 2, 2018

    Bumps In Discovery Not Enough To Stop Auto Co. IPO Row

    An Illinois federal magistrate judge has denied motions to delay or at least refine pretrial discovery pending the potential dismissal of a case involving automotive parts reseller Fenix Parts Inc.’s allegedly misleading initial public offering.

  • November 2, 2018

    Fla. Panel Revives Progressive’s Windshield Coverage Suit

    A Florida court committed a “manifest injustice” in its dismissal of Progressive Corp.’s appeal in a suit accusing the insurer of saddling windshield replacement companies with the cost of insurance appraisals, a state appeals panel has found.

  • November 1, 2018

    6th Circ. Revives Civil Rights Suit Over Fatal Bus Crash

    The Sixth Circuit on Thursday revived a putative class action seeking to hold a Tennessee school district liable for a bus crash that killed six elementary school students, ruling that an injured student had sufficiently alleged the district infringed his constitutional rights.

  • November 1, 2018

    Investor Accuses Chinese Wheel Maker Of Spinning Figures

    A stockholder in a proposed class action filed in New Jersey federal court is alleging that China's largest automotive wheel manufacturer that went public on the U.S. stock market in 2015 by reverse merger deceived investors into thinking it had gotten its financial reporting practices in order when it hadn't.

  • November 1, 2018

    Sears To License Manufacturing Of Kenmore, DieHard Brands

    Bankrupt Sears Holdings Corp. on Thursday announced that it has inked licensing deals with several other companies to produce and market some of its Kenmore- and DieHard-branded products, a move executives said was one part of their “expansion strategy to unleash the power of these iconic brands.”

  • November 1, 2018

    Jeep Hacking Suit Could Halt Auto Innovation, Lobbyists Warn

    Three more lobbyist groups have urged the U.S. Supreme Court to strike class certification for drivers claiming Fiat Chrysler’s Jeep Cherokees can be hacked, telling the high court the suit could welcome a “wave of litigation” that would put auto innovation in park.

  • November 1, 2018

    Limo Co. Says Atty Not Conflicted, Slams Uber DQ Bid

    A California limousine company suing Uber for misclassifying its drivers as independent contractors to gain a competitive edge told a federal court Wednesday that there’s no cause for disqualifying its attorneys at Keller Lenkner LLC for previously collaborating with Uber — but not actually representing Uber — in other matters.

  • November 1, 2018

    Investor Sues Honeywell Over Asbestos-Linked Stock Drop

    A stockholder in Honeywell International Inc. has filed a putative class action in New Jersey federal court alleging executives delayed revealing billions of dollars in looming liability the company faced over an automotive brake manufacturer it once owned that used asbestos in its materials.

  • November 1, 2018

    CIT Questions Ruling That Blocked Chinese Tire Duties

    The U.S. Court of International Trade on Thursday struck down a portion of a 2017 U.S. International Trade Commission decision that stopped tariffs on imports of Chinese tires from taking effect, raising questions about the commission’s inquiry into whether the imports hampered domestic producers.

  • October 31, 2018

    Monster Energy Tells Jury Tool Co. Infringed Drink Branding

    Beverage giant Monster Energy Co. told a California federal jury during opening statements Wednesday that an automotive tool company infringed its trademark green-and-black "monster" packaging with a "Monster Mobile" line of tools, while the tool company argued consumers won't confuse the two because "no one drinks a wrench."

  • October 31, 2018

    VW Says Worker Must Arbitrate 'Rebranding' Age Bias Claims

    A Volkswagen AG manager who filed a putative class action in Tennessee federal court alleging he and others like him were unfairly demoted as part of a rebranding strategy is bound by an arbitration agreement he signed when hired, the automaker said Tuesday.

  • October 31, 2018

    BMW Must Face NJ Engine Defect Class Action

    A New Jersey federal judge ruled Tuesday that BMW must face most of a consolidated putative class action alleging it knowingly sold vehicles with defective chain assemblies that caused premature engine failure and profited off repairs not covered under warranty.

  • October 31, 2018

    Residents Seek Atty DQ In Toxic Dumping Suit

    Homeowners accusing Meritor Inc., the Boeing Co., Rockwell Automation Inc. and Textron Inc. of property damage caused by the dumping of toxic chemicals near their homes sought Wednesday to disqualify Meritor’s lead counsel, saying they need to call him as a witness at trial.

  • October 31, 2018

    EPA Admin Judge Hits Defeat Device Co. With $4.2M Penalty

    An administrative law judge for the U.S. Environmental Protection Agency imposed a $4.2 million civil penalty on Spartan Diesel Technologies LLC on Tuesday, finding that the agency's penalty request was adequate given the gravity of the defeat device maker's alleged violations of the Clean Air Act.

  • October 31, 2018

    Uber Dodges Local Taxi Drivers’ False Ad Action In Calif.

    A California judge granted Uber Inc. a win Wednesday in a proposed class action brought by Oakland and Berkeley taxi drivers who claim the ride-hailing giant injured their business by falsely advertising its service as safer and more affordable than alternatives, finding that the drivers can’t prove Uber’s ads harmed their business.

  • October 31, 2018

    Tesla Truck Copycat Claims Belong In Calif., Magistrate Says

    An Arizona magistrate judge has recommended transferring a $2 billion lawsuit by an alternative car fuel manufacturer against Tesla Inc. to California, saying copyright infringement claims relating to an electric semitruck Tesla developed have nothing to do with Arizona. 

  • October 31, 2018

    Calif. OKs Waymo To Test Truly Driverless Cars

    Waymo LLC scored approval from California regulators to be the first to test self-driving cars on public roads without a human driver behind the wheel, the self-driving car unit of Google’s parent company, Alphabet Inc., said Tuesday.

  • October 30, 2018

    Truck Body Maker Accused Of Not Giving Workers A Break

    An hourly worker for truck body manufacturer Scelzi Enterprises Inc. has filed a proposed class action claiming the company violated state labor laws in failing to provide required breaks, not making up for it with compensation and neglecting to issue proper wage statements.

  • October 30, 2018

    Vindicated Prisoner Urges Claim Against GM, Estate

    An exonerated prisoner who sued General Motors and its bankruptcy estate for allegedly violating his civil rights by cooperating with his wrongful prosecution asked a Manhattan federal judge Tuesday to allow his suit to go forward, saying his claim post-dated GM's bankruptcy although the allegedly wrongful conduct happened decades before.

  • October 30, 2018

    Tesla Sued Over Fla. Driver's Crash While Using Autopilot

    Tesla was hit Tuesday with a personal injury and consumer protection lawsuit by a Florida man who allegedly suffered spinal and brain injuries when the autopilot feature in his Tesla Model S car apparently failed and crashed into a disabled car at high speed.

Expert Analysis

  • Strategies For Dealing With US-China Tariffs

    Russell Menyhart

    Increasing U.S. and Chinese tariffs have magnified the challenges of doing business internationally, particularly for small and medium-sized enterprises. But review of products' tariff classifications, the public comment process for proposed tariffs, and tariff exemption applications all provide companies with opportunities to reduce harm, say Russell Menyhart and Ying Zhu of Taft Stettinius & Hollister LLP.

  • Cos. Must Prepare For Collective Consumer Suits In Germany

    Julia Schwalm

    In reaction to the diesel emissions scandal, German lawmakers have developed a new type of collective litigation for consumers. For companies that are the targets of such an action, the advantage is that there will be fewer cases to defend against and to coordinate, say Julia Schwalm and Jakob Schellmann of Morrison & Foerster LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • For Self-Driving Car Makers, Industry Standards Matter

    Allen Patatanyan

    When a self-driving Uber car ran over an Arizona pedestrian earlier this year, the company inadvertently shone a spotlight on the importance of industry standards. Failing to meet these benchmarks could be interpreted as a violation of the standard of care owed to a plaintiff by a corporate defendant, says Allen Patatanyan of West Coast Trial Lawyers.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Jones Day Case Highlights Questions Of Atty Privilege Abroad

    Ana Reyes

    Germany’s highest court ruled this month that prosecutors may review the Jones Day documents they seized related to the firm’s representation of Volkswagen. This is a stark reminder that American litigators need to be aware of how attorney-client privilege laws abroad can impact litigation in the United States, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • A 'Broad' Approach To Toxic Tort Class Cert. At 6th Circ.

    Carol Wood

    Last week, in Martin v. Behr Dayton Thermal Products, the Sixth Circuit affirmed an Ohio federal court’s certification of a so-called “issue class” under Federal Rule of Civil Procedure 23(c)(4). The ruling may serve as persuasive authority for future toxic tort plaintiffs who seek to certify a class without establishing a defendant’s liability to any individual class member with common proof, say attorneys with King & Spalding LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.