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  • September 27, 2018

    NGL Reaches $35M Deal Over Renewable Fuel Fraud Claims

    An NGL Energy Partners LP unit on Thursday agreed to a $35 million deal to settle the federal government’s claims that it fraudulently sold credits generated from a program designed to increase the amount of renewable fuels in the nation’s gasoline supplies.

  • September 27, 2018

    AutoZone Customers Can't Dismiss Defective Parts Case

    An Illinois federal judge has denied a request from two AutoZone Inc. customers to voluntarily dismiss their suit alleging that the company and S.A. Gear Inc. sold defective car parts, saying the companies have put too much time and effort into defending themselves to allow a dismissal without prejudice.

  • September 27, 2018

    Importers Demand Exclusions From $200B China Tariff Hit

    In the wake of President Donald Trump’s enactment of new tariffs on $200 billion worth of Chinese goods, more than 100 trade associations on Wednesday demanded that the administration establish a process for importers to earn product-specific exclusions from the levies.

  • September 26, 2018

    3rd Circ. Fee Fracas A Warning: Not All Billing Is Equal

    The Third Circuit's rebuke of a near-million-dollar fee request from lawyers who had won a bad-faith verdict against an auto insurer is a new directive for courts to pick apart fee requests, experts say, and signals to lawyers that while certain billing practices are permissible, they may not be advisable.

  • September 26, 2018

    Calif.'s Low Carbon Fuel Standard Must Go, 9th Circ. Told

    A group of trade and energy organizations urged a Ninth Circuit panel Wednesday to block California’s Low Carbon Fuel Standard, arguing that it unconstitutionally regulates interstate commerce outside of California and violates the commerce clause by discriminating between states in how it regulates certain fuel imports.

  • September 26, 2018

    3 Takeaways From Uber's Win In Driver Classification Suits

    The Ninth Circuit’s recent ruling that Uber Technologies Inc. drivers cannot collectively sue over expenses and tips and must fight it out in individual arbitration underscores the power of class waivers in arbitration agreements shielding employers from legal attacks. Here are three takeaways from the appellate court's ruling in the closely watched O'Connor v. Uber case.

  • September 26, 2018

    VW Gets Several Claims Dropped In Suspension Defect Suit

    A Florida federal judge on Wednesday dismissed multiple counts from a putative class action lawsuit against Volkswagen over an alleged suspension defect in its CC sedans, finding in several instances that the pleadings were insufficient to overcome limitations periods.

  • September 26, 2018

    Synthetic Rubber Cos. Can Fight Dumping Ruling, CIT Says

    The U.S. Court of International Trade on Wednesday denied the U.S. International Trade Commission’s bid to toss a challenge brought by synthetic rubber companies against its determination that rubber imported from Brazil, Poland, Mexico and South Korea is injuring domestic producers.

  • September 26, 2018

    Amid NAFTA Clash, Trump Threatens Car Duties For Canada

    President Donald Trump on Wednesday aired his frustrations with Canada’s tough stance in the North American Free Trade Agreement talks and again threatened to move forward solely with Mexico and punish Ottawa with car tariffs.

  • September 26, 2018

    Altima Drivers Sue Nissan Alleging Faulty Transmissions

    A Nissan Altima owner filed a putative class action in Tennessee federal court on Tuesday accusing the carmaker of selling cars with dangerously defective transmissions and charging owners to swap out one defective transmission for another equally defective one.

  • September 26, 2018

    Uber Escapes Lyft Driver Spying Class Action For Good

    Uber Technologies Inc. on Wednesday for the third and final time dodged a proposed class action accusing it of using subterfuge to track Lyft Inc. drivers and gain a competitive advantage, after a California federal judge found that a Lyft driver's suit still didn't hold water.

  • September 26, 2018

    US, Japan Will Hold Talks For New Trade Accord

    President Donald Trump and Japanese Prime Minister Shinzo Abe on Wednesday agreed to launch negotiations for an expansive free trade agreement as the White House looks to gather allies in the Asia-Pacific region.

  • September 26, 2018

    Uber, States Strike $148M Deal To End Data Breach Dispute

    Uber Technologies Inc. on Wednesday agreed to pay $148 million in a joint settlement reached with the top law enforcement officers of all 50 U.S. states over a massive 2016 data breach the company admitted it paid the hackers to cover up.

  • September 25, 2018

    Full 8th Circ. Won't Review Faulty Fuel Tank Suit Toss

    The Eighth Circuit on Tuesday decided not to rethink one of its own panels’ decisions not to revive a driver’s proposed class action alleging that Fiat Chrysler misrepresented the safety of its vehicles after the driver was sold a Jeep vehicle with an allegedly faulty and dangerous fuel tank.

  • September 25, 2018

    9th Circ. Keeps Drop Of Fiat Chrysler Rent Coercion Row

    The Ninth Circuit on Tuesday declined to overturn a decision ending a San Jose, California, Chrysler dealership's lawsuit against FCA US LLC alleging the automaker coerced it into paying increased rent, finding that the mutually agreed-upon lease permitted the actions in question.

  • September 25, 2018

    GM Buyers Must Certify Class To Advance $1B Defect Deal

    Purchasers of General Motors vehicles manufactured before the carmaker's 2009 bankruptcy, now seeking damages stemming from ignition-switch defects, must certify a class to pursue a proposed settlement that could cost the reorganized New GM $1 billion in new stock, a New York bankruptcy judge ruled Tuesday.

  • September 25, 2018

    Tech Co. Denies Ties To Robot In Deadly Auto Plant Accident

    A robotics company among several manufacturers being sued in Michigan federal court for the death of a technician whose head was crushed by an allegedly out-of-control robotic machine at an automotive parts plant sought Tuesday to be eliminated from the case, arguing it made no part of the automated machine in question.

  • September 25, 2018

    Mercedes Must Face Claims Of Fatal Seat Restraint Failure

    A Colorado federal judge has denied an attempt by Mercedes Benz USA and Daimler AG to dismiss a negligence suit filed by the heirs of a woman killed when her Smart car’s seating restraints allegedly failed, though the court tossed breach of warranty and consumer protection law violation claims.

  • September 25, 2018

    Lighthizer Defends Trump's Hard Line On China

    U.S. Trade Representative Robert Lighthizer defended President Donald Trump’s aggressive use of tariffs against China on Tuesday, harshly criticizing past administrations’ attempts to deal with Beijing on a diplomatic basis.

  • September 25, 2018

    9th Circ. Dismantles Uber Drivers' Misclassification Suits

    The Ninth Circuit on Tuesday dismantled a class of hundreds of thousands of Uber drivers alleging they were misclassified as independent contractors, handing the ride-hailing giant a major victory in a yearslong battle over whether it has skirted labor laws by considering its drivers to be contractors rather than employees.

Expert Analysis

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • 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.