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Automotive

  • May 21, 2018

    Auto Dealer Can't Revive Malpractice Suit Tied To Fraud Case

    A Michigan car dealer who pled guilty to bank fraud and then canned a related malpractice civil suit against a Flint-area law firm lost his bid to reopen that dispute last week when a Wolverine State appeals court found the trial court abused its discretion in undoing a stipulation to dismiss it.

  • May 21, 2018

    Toyota To Proceed With Wireless Tech Despite FCC Caution

    Toyota has not given up on having vehicles wirelessly communicate with each other within the next few years, telling the Federal Communications Commission in a letter Friday that the automaker will continue to implement the technology despite proposals for sharing its spectrum.

  • May 21, 2018

    Honeywell Says No Contributions Owed In Benefits Row

    Honeywell International Inc. told a Michigan federal judge Friday that a class of 4,700 retirees wrongly argued that collective bargaining agreements required the company to make a minimum level of contributions to health care benefits for life, saying that the court already found that the contracts didn’t vest health care benefits.

  • May 21, 2018

    Deals Rumor Mill: Ansaldo STS, Meezan Bank, Kuwait Energy

    Hitachi Automotive hopes to buy Elliott Management’s stake in Italian rail-signaling business Ansaldo STS, U.S. and European institutional investors are in talks to buy small stakes in Pakistan’s Meezan Bank, and Kuwait Energy is mulling the sale of an oil and gas field in southern Iraq.

  • May 18, 2018

    House Again Mulls Bill Clearing DOJ To Sue OPEC

    Economic and antitrust experts at a House subcommittee hearing Friday largely endorsed the latest version of legislation authorizing the Department of Justice to sue OPEC for conspiring to inflate oil prices, leading to soaring gas prices for American consumers.

  • May 18, 2018

    Tesla Inks $1M OT Deal With Calif. Car Salespeople

    Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.

  • May 18, 2018

    Tesla Whistleblower Suit Paused Amid Arbitration Bid

    Tesla Inc. has been pushing back on a retaliation suit in New Jersey federal court brought by a former employee who said he was demoted and ultimately fired for reporting that the company was selling damaged cars to unsuspecting customers, with the automaker claiming he’s bound by an arbitration clause.

  • May 18, 2018

    DC Circ. Nixes EPA Superfund Listing Of Polluted Ind. Site

    The D.C. Circuit overturned the U.S. Environmental Protection Agency’s placement of an Indiana site with groundwater pollution on the federal Superfund list, finding Friday the agency ignored evidence contradicting a key conclusion used to justify the listing.

  • May 18, 2018

    BMW Seeks Toss Of German Auto Antitrust MDL

    BMW asked a California federal court Thursday to reject multidistrict litigation claiming it participated in a decadeslong antitrust conspiracy with fellow German automakers Audi, Volkswagen, Mercedes-Benz and others on car technology, costs, suppliers and emissions equipment, saying the buyers’ ill-defined antitrust injuries and illogical claims do not hold up.

  • May 18, 2018

    Nissan Must Face 5-State Shattering-Sunroof Suit

    A California federal judge on Thursday rejected an effort by Nissan North America Inc. to partly dismiss a suit that accuses the automaker of violating five states’ consumer protection laws by selling vehicles with defective panoramic sunroofs, saying the latest version of the suit passes muster under the laws of Illinois, California and Colorado.

  • May 17, 2018

    Hawaii, NM Reach $7M Settlement Over Takata Air Bags

    Hawaii on Wednesday said that it had reached a $7 million settlement, shared with the state of New Mexico and the U.S. Virgin Islands, with Takata over claims over the now-bankrupt Japanese company's sales of potentially fatal air bags.

  • May 17, 2018

    Rent-A-Wreck Sanctions Denied After Ch. 11 Dismissal

    Proposed sanctions against Rent-A-Wreck of America Inc. and its legal counsel stalled Thursday when a Delaware bankruptcy judge said that because their Chapter 11 petitions were not shown to have clearly been filed for a bad faith purpose, sanctions were not justified.

  • May 17, 2018

    VW Gets Claims Trimmed In Defective Sunroof Class Action

    A California federal judge on Thursday tossed most of the claims in a Volkswagen driver's proposed class action accusing the carmaker of selling vehicles with sunroofs that might "spontaneously shatter," saying an amendment would be necessary to revive state consumer protection and fraud claims.

  • May 17, 2018

    BMW Soft-Close Doors Are A 'Guillotine,' NY Couple Says

    A New York couple accused BMW in federal court of selling vehicles with soft-closing automatic doors that are “modern day guillotines” without a basic sensor to keep them from closing on body parts, saying the automaker knows of the dangers associated with the technology but continues to market it.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Auto Service Contract Clause Nixes Class Action: Panel

    A New Jersey state appeals court on Thursday upended a trial court ruling allowing a putative consumer fraud class action against a vehicle warranty business to proceed, saying an arbitration clause in the customer's service contract clearly shows he waived his right to sue.

  • May 16, 2018

    EPA's Pruitt Acknowledges Ethics Missteps, Notes Changes

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Wednesday told senators that after months of facing ethics investigations, he has instituted new procedures intended to avoid such troublesome entanglements in the future.

  • May 16, 2018

    9th Circ. Ruling May Help Independent Contractors Unionize

    Last week's Ninth Circuit ruling reviving the U.S. Chamber of Commerce's antitrust challenge to a first-of-its-kind Seattle law letting app-based drivers form quasi-unions was a blow to Uber and Lyft drivers in the Emerald City, but it may prove to be a win for independent contractors in the long run, attorneys say.

  • May 16, 2018

    DOT Needs To Stop Stalling On Seat Belt Rule, DC Circ. Told

    Auto safety groups blasted the U.S. Department of Transportation for doing little or nothing to implement a congressional mandate requiring automobile warnings when backseat passengers don't buckle up, with arguments in D.C. Circuit on Wednesday that focused heavily on its jurisdiction and what exactly was required of the DOT.

  • May 16, 2018

    Auto Parts Maker Reaches $5.2M Deal To Leave Antitrust MDL

    Japanese auto parts manufacturer Toyo Denso Co. Ltd. and its subsidiary Weastec Inc. agreed to pay approximately $5.2 million to settle a proposed class action from consumers alleging they conspired to fix the prices of ignition and power window parts, according to documents filed in Michigan federal court Wednesday.

Expert Analysis

  • 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.

  • What’s Next For GHG And Fuel Economy Regulation?

    Jackie Glassman

    While the U.S. Environmental Protection Agency's recent announcement that it will reconsider Obama-era automobile greenhouse gas emissions standards is generating controversy, it was not unexpected, say Jackie Glassman and Rachel Tennis of King & Spalding LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • What Makes CPSC's Polaris Settlement Special

    Heather Bramble

    For members of industry, consumer advocates and those worried about partisan deadlock, the recent settlement between Polaris Industries and the U.S. Consumer Product Safety Commission may provide some faith in how the CPSC fulfills its important mission to keep consumers safe, says Heather Capell Bramble of Venable LLP.

  • When Your Trademark Is A False Advertisement

    Mike Justus

    False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. Recent legal trends are instructive for trademark and advertising counsel, says Mike Justus of Katten Muchin Rosenman LLP.