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Automotive

  • September 24, 2018

    Investors Urge 7th Circ. To Revive Suit Over Fisker Fraud

    A group of investors who say they were duped into buying stock for electric car maker Fisker Automotive just before it went bankrupt urged the Seventh Circuit to revive their suit on Monday, saying the lower court incorrectly found it time-barred.

  • September 24, 2018

    IP Atty Can't Prove Ford Blocked Job Offers, 6th Circ. Says

    The Sixth Circuit on Monday declined to revive a suit by an intellectual property attorney who claims her former bosses at Ford Motor Co. conspired to block her from getting hundreds of prospective jobs, saying she hadn’t provided any basis for her conspiracy claims.

  • September 24, 2018

    Philly UberBlack Drivers Aren't Employees, 3rd Circ. Told

    Uber told the Third Circuit on Monday that it doesn’t control the day-to-day operations of Philadelphia-based UberBlack limo drivers who own their own businesses, rebuking allegations that the ride-hailing company misclassified the drivers as independent contractors to dodge paying minimum and overtime wages.

  • September 24, 2018

    GM Says Recall Issues Are Too Varied For Class Cert.

    General Motors has asked a New York federal judge not to grant class certification to vehicle owners in bellwether cases in California, Missouri and Texas who claim they lost out on the resale value of their cars due to vehicle recalls, arguing the issues are too varied among the individual cases to qualify for class status.

  • September 24, 2018

    Trump Inks Minor Tweaks To US-S. Korea Trade Accord

    President Donald Trump and South Korean President Moon Jae-in signed off on a series of modest changes to their governments' 2012 trade deal, adjusting the agreement's rules on automobile exports, customs and drug reimbursements.

  • September 24, 2018

    $1.2M Settlement Reached In WARN Act Suit Against RV Co.

    An RV company that shuttered in 2016 and the two entities that allegedly owned it have agreed to a $1.2 million deal to settle claims in a certified class action alleging workers were not given proper notice that they were getting axed.

  • September 24, 2018

    Kia HR Rep Who Helped Worker Claim Bias Has Suit Revived

    Businesses may not be able to fire human resources representatives who help co-workers bring discrimination claims against their employers, a split Eleventh Circuit panel said Monday in a published opinion reviving part of an ex-Kia HR rep’s retaliation suit against the company's Georgia plant.

  • September 24, 2018

    US-China Fight Shows No Sign Of Stopping As New Tariffs Hit

    The U.S. and Chinese governments installed fresh sets of tariffs on one another’s products Monday, opening a fresh front in a quickly escalating trade standoff that now covers about half of the goods traded between the two economic powerhouses.

  • September 21, 2018

    5G Uses And Regulatory Hurdles: What You Need To Know

    As the 5G technology standard takes shape and major wireless carriers push to make the service commercially available by next year, experts have identified virtual reality, self-driving cars and artificial intelligence as some of the top applications for the souped-up wireless networks. But regulatory hurdles and legal questions still beset the innovations.

  • September 21, 2018

    High Court Case On ERISA Burden Ends In Settlement

    A U.S. Supreme Court case that could have resolved a circuit split over where the burden of proof falls in Employee Retirement Income Security Act fiduciary-breach cases ended Thursday, with the high court tossing a suit between Alerus Financial NA and an employee stock-ownership program after the parties settled.

  • September 21, 2018

    Massachusetts Man Sues Toyota After Rodents Ate His Car

    A Massachusetts driver says Toyota has for years been outfitting vehicles with cost-saving, environmentally friendly electrical insulation that "uniquely attracted" rodents, causing an infestation and extensive damage to his vehicle, which is the subject of a lawsuit in Boston.

  • September 21, 2018

    Deals Rumor Mill: Lone Star, Deutsche-Commerzbank, Magneti

    Lone Star is reportedly mulling floating Xella, a tie-up between banking giants Deutsche Bank and Commerzbank has earned the favor of the German government, and Calsonic Kansei Corp. has roughly €5 billion ($5.9 billion) in financing for its bid to buy Magneti Marelli SpA.

  • September 21, 2018

    Truckers Insist Calif. Dynamex Standard Is Unconstitutional

    A trucking group on Thursday defended its suit claiming federal law overrides California's newly adopted standard for distinguishing between independent contractors and employees in wage order disputes, saying an onslaught of litigation over the standard proves there is an “actual controversy” requiring the court to intervene.

  • September 21, 2018

    Lyft Drivers Move For $1.95M Settlement Over Premium Pay

    A group of drivers for Lyft Inc. asked a California federal judge to approve the ride-hailing service's $1.95 million settlement of a class action suit alleging the company underpaid drivers who were supposed to receive prime-time premium pay, with about 33 percent of the payout going toward the class's attorneys' fees and expenses.

  • September 21, 2018

    Buyers' Flawed Emissions Tests Doom RICO Suit, Fiat Says

    Fiat Chrysler and engine manufacturer Cummins have pressed their bids to dump an amended proposed class action alleging they outfitted Dodge Ram trucks with emissions-cheating software, saying that consumers conducted unreliable tests that cannot support their Racketeer Influenced and Corrupt Organizations Act claims.

  • September 21, 2018

    Uber Gets Customer's TCPA Suit Sent To Arbitration

    An Illinois federal judge agreed that an Uber user leading a proposed Telephone Consumer Protection Act class action against the ride-hailing company consented to arbitrate any disputes when he signed up for the app, sending the suit to arbitration Thursday.

  • September 20, 2018

    Uber Presses 9th Circ. To Undo Driver Misclassification Suits

    Uber told the Ninth Circuit on Wednesday that its recent finding that federal law doesn’t preempt California’s decades-old standard for determining whether workers are employees or independent contractors should dismantle a class of hundreds of thousands of Uber drivers alleging they were misclassified and denied expense reimbursements and tips.

  • September 20, 2018

    Protect Right To Relief In Ford Harassment Suit, Judge Urged

    Counsel for Ford workers alleging they work in a severely hostile environment of sexual harassment urged an Illinois federal judge Thursday to certify their claims as a class, saying it would protect their right to relief that wasn't contemplated in a different deal the automaker entered with federal employment regulators.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

  • September 20, 2018

    Enterprise Beats Joint Employer Wage Suit For Now

    A Massachusetts federal judge has thrown out a proposed class action alleging that Enterprise Holdings Inc. and its subsidiaries jointly employed assistant branch managers who were misclassified as overtime-exempt.  

Expert Analysis

  • 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.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.