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Automotive

  • June 7, 2018

    Fiat Chrysler Can't Dodge Expert Testimony In Defect Row

    A California federal judge on Thursday denied Fiat Chrysler's motion to exclude expert testimony presented by a putative class of drivers alleging the company inadequately addressed clutch defects in certain Dodge vehicles, finding that the expert's formula, while straightforward, is sufficient.

  • June 7, 2018

    Deals Rumor Mill: T-Mobile, Go-Jek, Deutsche

    The U.S. Department of Justice is taking a look at the proposed merger between Sprint and T-Mobile, Indonesian ride-hailing company Go-Jek received a $1 billion funding offer, and Deutsche Bank’s chairman has been talking to shareholders about a deal with Commerzbank.

  • June 7, 2018

    Automotive Regulation To Watch: Midyear Report

    The automotive industry is buckling up for accelerated developments in the rest of 2018 as highly anticipated new rules governing the rollout of self-driving vehicles, greenhouse gas emissions and U.S. trade relations take shape. Here, Law360 examines key automotive regulations that attorneys are watching.

  • June 7, 2018

    Uber Driver's Wage Class Action Stayed Pending Similar Suits

    An Uber driver’s class action alleging the ride-sharing company stiffs drivers on wages with a deceptive pricing model is substantially similar to several other suits filed before it and must therefore be put on hold, a California federal judge ruled on Wednesday.

  • June 7, 2018

    Boucher, Schneider Wallace To Lead VW Salespersons Suits

    Boucher LLP, Schneider Wallace Cottrell Konecky Wotkyns LLP, Bradley Grombacher LLP, and the Law Offices of Sahag Majarian II have been tapped to lead a consolidated class of Volkswagen AG salespersons allegedly harmed by the German automaker’s emissions cheating scandal, according to a California federal court order Thursday.

  • June 7, 2018

    Contractor Who Tried To 'Shrug Off' FCA Suit Gets Fined

    Defense contractors who tried to duck a False Claims Act suit by offering the government a refund over coffee must fork over more than $230,000, a federal judge in Pennsylvania ruled Thursday, saying they overcharged the U.S. military by tens of thousands of dollars for vehicle parts and failed to take the allegations seriously.

  • June 7, 2018

    Fiat Chrysler Drivers Seek Cert. In Emissions MDL

    Drivers suing Fiat Chrysler and Bosch in multidistrict litigation over alleged evasion of emissions testing asked a California federal court Wednesday for class certification, saying common questions about the purported misconduct “decisively predominate” over individual questions.

  • June 7, 2018

    Legislators Tell Pruitt To Ditch Scientific Review Overhaul

    More than 100 mostly Democratic members of Congress on Thursday blasted a recent proposal by the U.S. Environmental Protection Agency to require the publication of data underlying scientific studies that they say would actually harm scientific integrity.

  • June 6, 2018

    VW To Pay Oklahoma $8.5M Over Eco-Friendly Diesel Ads

    The Oklahoma attorney general announced Wednesday that Volkswagen and related auto manufacturers have agreed to pay $8.5 million to settle the state’s allegations they used false and deceptive advertising in carrying out Volkswagen’s diesel emissions scandal.

  • June 6, 2018

    Uber Urges Arbitration In Riders' Driver Assault Suit

    Uber Technologies Inc. told a California federal judge on Tuesday that under its user agreement, only an arbitrator has the authority to address whether a proposed class of riders' claims over allegedly lax background checks are arbitrable, countering their argument that such an agreement would preclude a chance at relief.

  • June 6, 2018

    Ford Tells 8th Circ. Delay Wasn't 'Bad Faith' In ERISA Row

    Ford Motor Co. has urged the Eighth Circuit to vacate a lower court’s ruling that the car company violated the Employee Retirement Income Security Act in a widow’s suit over optional life insurance benefits for her late husband, arguing that it hadn’t acted in bad faith or flouted its duties.

  • June 6, 2018

    VW Escapes Illinois' $1B Suit Over Emissions Scandal

    An Illinois state judge on Tuesday tossed a lawsuit brought by the state of Illinois seeking more than $1 billion from Volkswagen AG for installing devices and software that cheated emissions tests, finding that the state claims are preempted by the federal Clean Air Act.

  • June 6, 2018

    Faulty-Engine Suit Against Hyundai, Kia In Ill. Sent To Calif.

    An Illinois federal judge on Tuesday granted a request from the parties in a proposed class action against Hyundai and Kia over certain allegedly defective engines to send their case to California, where similar claims are being litigated.

  • June 6, 2018

    Auto Safety Groups Lose Bid To Force DOT Seat Belt Rule

    The D.C. Circuit on Tuesday rejected a bid by auto safety groups to force the U.S. Department of Transportation to immediately publish a proposed safety standard requiring automobile warnings when backseat passengers don't buckle up.

  • June 6, 2018

    Canada, EU Join WTO Dogpile Against US Metal Duties

    Major U.S. trading partners continued their campaign against the Trump administration’s national security-based steel and aluminum tariffs on Wednesday, with both Canada and the European Union filing new World Trade Organization cases alleging that the duties flout global trade rules.

  • June 6, 2018

    EU Retaliatory Duties On US Goods Slated To Hit In July

    The European Union announced Wednesday that its duties on more than $3 billion worth of U.S. goods will take effect in July as Brussels retaliates against the Trump administration’s steel and aluminum restrictions with a 25 percent levy on U.S. metals, vehicles, food products and scores of other items.

  • June 5, 2018

    Chinese Car Seller Faces Investor Suit Over Late Financials

    A company that exports and sells luxury vehicles to China was accused of securities fraud in New Jersey federal court on Tuesday after the firm warned investors that it was investigating related-party transactions, and as a result its financials would be delayed and its shares may stop trading on the Nasdaq.

  • June 5, 2018

    Feds Urge 8th Circ. To Uphold $11M Superfund Judgment

    The federal government on Monday urged the Eighth Circuit not to overturn an $11 million judgment against two Titan International Inc. units for selling polychlorinated biphenyl-contaminated buildings in an effort to dodge their environmental responsibilities.

  • June 5, 2018

    Auto Co. Worker Can't Carry PAGA Wage Claim Solo: Judge

    A California federal judge on Tuesday granted O’Reilly Auto Enterprises LLC's bid for partial summary judgment on an employee’s Private Attorneys General Act claim, finding her proposed wage-and-hour class action suit did not offer any evidence that O’Reilly violated state labor codes with respect to other workers.

  • June 5, 2018

    White House Tinkers With Spending Pullback Plan

    The White House picked at the edges of Congress' proposed spending cuts Tuesday, making some changes to, but mostly standing by, a plan to pull back $15 billion in already authorized spending for health care, car technology research and other areas.

Expert Analysis

  • New Regs Pave Way For China's Self-Driving Car Strategy

    Mark Schaub

    Last month, three Chinese government ministries jointly issued national regulations for road testing of autonomous vehicles. The national rules supplement local regulations recently issued in Beijing, Shanghai and Chongqing, and are just one indication of China’s ambitions to lead the world in this new technology, say Mark Schaub and Atticus Zhao of King & Wood Mallesons.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • When Must Manufacturers Anticipate Product Misuse?

    Stephen Copenhaver

    Not all injuries arising from the abuse or misuse of a product may lead to manufacturer liability. If the misuse was not reasonably foreseeable, the law does not hold manufacturers responsible in tort. But it can be difficult to determine which misuses are reasonably foreseeable and which are not, say Stephen Copenhaver and Sarah Schiferl of Schiff Hardin LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • How Lagos Might Affect Internal Investigations

    Joon Kim

    If the U.S. Supreme Court holds in Lagos v. United States that companies are able to seek restitution from criminal defendants when they are the victim of an offense, it will create another incentive to conduct internal investigations into misconduct within or against a corporation, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.