Automotive

  • July 5, 2017

    Judge Slams Auto Magnate's Fraud In $425M JPMorgan Fight

    A Michigan federal judge ripped an auto parts magnate on Wednesday for dissolving a trust and taking possession of its assets in an apparent bid to avoid a $425 million judgment for JPMorgan that followed his business empire's bankruptcy, saying his argument had “disturbing” implications.

  • July 5, 2017

    Drivers Slam Uber's Bid To Duck Pricing Model Class Action

    A driver who launched a proposed class action alleging Uber breached its contract with drivers by stiffing them on fares with its so-called upfront pricing model has urged a California federal judge to reject the ride-hailing giant’s bid to toss the suit, saying the agreement at issue is unambiguous.

  • July 5, 2017

    Buchanan Ingersoll Adds Litigation Pro To Miami Office

    Buchanan Ingersoll & Rooney PC has hired Legon Fodiman PA partner Sheila Oretsky to serve as a shareholder and trial attorney in the firm’s litigation section in its Miami office, where she will focus on complex litigation in the entertainment, real estate, hotel, health care, construction and car dealership industries.

  • July 5, 2017

    Daimler Hits SKF With €59M Suit Over Bearings Cartel

    A subsidiary of global bearings maker AB SKF on Tuesday said that Daimler AG had slapped it with a €59 million ($66.93 million) suit in German court over a nearly €1 billion fine the European Commission levied against it and four others in 2014 over an automotive bearings cartel.

  • July 5, 2017

    NJ Court Revives Design Defect Claim Over BMW Tailpipe

    A New Jersey state appeals court Wednesday partially revived a product liability action against BMW of North America LLC from a consumer who was allegedly burned by his SUV's improperly extended tailpipe, saying the automaker failed to establish that the motorist needed an expert for his design defect claim.

  • July 5, 2017

    Nissan Says Timing Chain Just Noisy, Not Unsafe

    Three classes of Nissan drivers can’t proceed with a lawsuit claiming a timing chain defect in more than a million vehicles, the company argued in California federal court, saying the drivers haven’t shown that the alleged problem causes anything more than a whining noise.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    Uber's $7.75M PAGA Deal Stalls Over Collusion Query

    A California judge on Friday stalled approval of a revised $7.75 million deal to resolve class claims the ride-hailing service misclassified 1.6 million drivers as contractors, saying evidence of the value of released Private Attorney General Act claims was needed to ensure the deal wasn’t “collusive.”

  • July 3, 2017

    Nissan Transmission Deal OK'd As Fee Objections Squashed

    A Florida federal judge has approved a class action settlement Nissan North America Inc. reached over allegedly defective transmissions, overruling objectors who said the “high-powered attorneys” working the case showed “blatant stupidity” and don’t deserve $3.75 million in fees. 

  • July 3, 2017

    Judge Narrows Switch Evidence In GM Bellwether Trial

    The New York federal judge overseeing GM ignition switch litigation has said that a driver in an upcoming bellwether can argue that the switch in his car was as unreasonably dangerous as a previous version of the switch, but with some limits on what evidence he can show.

  • July 3, 2017

    Auto Salvage Co. Owner Can't Trim Judgment In Award Row

    A Pennsylvania federal judge has declined to trim an auto salvage company owner’s portion of a judgment against the company in a dispute over a $200 million arbitral award, rejecting his contention that a settlement between other co-owners and a South African metals refiner offsets a March jury award.

  • July 3, 2017

    Judge Trims GM Ignition MDL In 129-Page Order

    A New York federal court has trimmed the General Motors LLC ignition switch multidistrict litigation, sinking the plaintiffs’ “brand devaluation” claim and the bulk of their unjust enrichment claims, along with the claims of those who bought the cars before GM reorganized or sold them before they were recalled.

  • July 3, 2017

    BMW Death Due To Misused Car Jack, 8th Circ. Rules

    An Eighth Circuit panel on Monday affirmed a lower court’s decision to clear BMW of North America LLC of wrongdoing after one of the automaker’s car jacks caused a man’s death, saying the product wasn’t being used as intended.

  • July 3, 2017

    Fed. Circ. Tosses Rare Patent Amendment Win At PTAB

    The Federal Circuit on Monday vacated a Patent Trial and Appeal Board decision allowing The Tire Hanger Corp. to amend its patent in an inter partes review, finding the board did not address a key argument against allowing the substitute claims.

  • July 3, 2017

    5th Circ. Backs Jury Award In $1M ‘Monster Jam’ Royalty Row

    The Fifth Circuit has affirmed a jury award of nearly $1 million to a monster truck show producer in its royalty rumble against a radio-controlled vehicle maker, ruling a lower court did not err in letting a jury interpret the companies’ ambiguous licensing agreement.

  • June 30, 2017

    Ex-Nissan Safety Head Defends Protocol In $231M Crash Trial

    Nissan North America’s former head of auto safety engineering defended the company’s internal review of an alleged brake defect during Friday testimony in a California trial in which family members of three people killed in a traffic accident contend Nissan owes them $231 million for hiding the alleged defect.

  • June 30, 2017

    Jeep Supplier Can’t Trim Suit Over 'Star Trek' Actor’s Death

    A California judge ruled Friday that a gear device maker can’t trim claims from a wrongful death suit over "Star Trek" actor Anton Yelchin’s death in a Jeep rollaway accident, also refusing to strike a punitive damages bid alleging the actor suffered while trapped before dying.

  • June 30, 2017

    Product Liability Cases To Watch: Midyear Report

    Lawsuits over the ongoing opioid epidemic continue to mount, and litigation against carmakers alleging emissions violations is revving up just as Volkswagen is in the process of ending its own cases. Attorneys are also watching to see how Takata's long-expected bankruptcy will affect litigation over its potentially dangerous air bags.

  • June 30, 2017

    Geico Victory Warped Bad Faith Law, Fla. Justices Told

    A man hit with an $8.7 million judgment over a fatal car crash asked the Florida Supreme Court to reinstate a verdict that Geico exhibited bad faith by not settling the underlying claims against him, arguing Thursday that the verdict's ax on appeal defied the evidence and flouted Florida bad faith law.

  • June 30, 2017

    NLRB Urges 6th Circ. To Revive Uber Contract Worker Fight

    The National Labor Relations Board on Thursday asked the Sixth Circuit to revive a proposed class action accusing Uber of pocketing drivers’ tips and misclassifying them as independent contractors, saying it’s illegal to force employees seeking collective action into individual arbitration.

Expert Analysis

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.