Transportation

  • November 23, 2020

    Biden Lauds GM's U-Turn In Tailpipe Emissions Legal Battle

    President-elect Joe Biden praised General Motors' decision Monday to stop supporting the Trump administration's efforts to roll back states' tailpipe pollution regulations, with Biden and the automaker singing high praises for electric vehicles in the fight against climate change and urging fellow automakers to end their support of the litigation.

  • November 23, 2020

    GM Must Recall 6M Trucks, SUVs With Takata Air Bags

    The National Highway Traffic Safety Administration ordered General Motors on Monday to recall 5.9 million 2007-14 full-size pickup trucks and SUVs due to defective Takata air bags that may explode metal shrapnel when deployed, rejecting the automaker's arguments that vehicle designs render the air bags' safety risks "inconsequential."

  • November 23, 2020

    Drivers File OT Suit Against Courier Over Day-Pay Practice

    A courier services company misclassified delivery drivers as independent contractors and paid them a flat daily rate instead of the required overtime pay, a former driver has alleged in a new proposed collective action in Georgia federal court.

  • November 23, 2020

    NHTSA Eyes New Self-Driving Car Regulatory Framework

    The U.S. Department of Transportation has signaled that it may eventually adopt new safety standards for vehicles with automated driving systems, taking a big step that could boost development of passenger-carrying autonomous vehicles while ensuring that new technologies still undergo sharp scrutiny.

  • November 23, 2020

    Shipbuilder Says Kinder Morgan Owes Asbestos Coverage

    Shipbuilding giant Huntington Ingalls Inc. has demanded Kinder Morgan provide insurance coverage for millions of dollars worth of asbestos-injury claims, telling a Virginia federal court that the energy company inherited the risk by buying Huntington's former parent company.

  • November 23, 2020

    AutoZone Pushes Hundreds Of Managers Out Of OT Suit

    An Alabama federal judge granted AutoZone's request to boot nearly 500 current and former store managers from a lawsuit claiming the car parts and accessories company denied them overtime, saying those plaintiffs had missed the statute of limitations.

  • November 23, 2020

    Texas Panel Affirms Tax, Fraud Penalty On $4.8M Plane Buy

    A Texas appellate court upheld a tax assessment and fraud penalty on a company's purchase of a $4.8 million airplane, finding the corporation presented false information while seeking to qualify for a tax exemption.

  • November 23, 2020

    Volkswagen Knocks Out 2 Cellular Network Patents At PTAB

    Volkswagen has notched a pair of victories at the Patent Trial and Appeal Board, which has invalidated claims in two Carucel Investments LP patents covering a mobile communications system after finding them obvious in light of earlier patents.

  • November 23, 2020

    Chesapeake Energy Floats Ch. 11 Pipeline Deal With Williams

    Bankrupt oil and gas driller Chesapeake Energy Corp. proposed a deal Sunday in Texas bankruptcy court that would provide an agreeable resolution of disputes over gas gathering agreements with The Williams Companies by turning over some of the debtor's assets to the pipeline operator and receiving beneficial amendments to the gas deals.

  • November 23, 2020

    Harm Of Proposed DAPL Shutdown Too Great, ND Says

    The state of North Dakota on Friday urged a D.C. federal judge not to shut down the Dakota Access Pipeline during a court-ordered environmental review, saying that doing so would harm the state by drastically cutting tax revenues.

  • November 23, 2020

    Biden Names John Kerry To New Climate Envoy Position

    President-elect Joe Biden on Monday made clear his commitment to tackling climate change, saying he'll name former Secretary of State John Kerry as a special White House climate envoy, a position that also features a seat on the National Security Council.

  • November 23, 2020

    Honeywell Loses Bid To File Garrett Ch. 11 Plan Early

    A New York bankruptcy judge Monday denied a request by Honeywell International and a pair of investment funds to file their own reorganization plan in auto parts maker Garrett Motion's Chapter 11 case, saying it's not yet time for such a move.

  • November 23, 2020

    Race Car Driver Hamilton Cleared Of Patent Infringement

    U.S. District Judge Alan Albright has cleared Formula One superstar Lewis Hamilton in a patent lawsuit over the "Halo" cockpit safety system, which the patent owner said the driver personally infringed by driving racing cars that included the device.

  • November 23, 2020

    Uber, Lyft Can't Undo Calif. Court Order To Reclassify Drivers

    A California appeals court denied Uber's and Lyft's requests to reconsider its decision upholding an injunction that required the ride-hailing companies to classify their drivers as employees, rebuffing their argument that a recently approved ballot measure meant the ruling needed another look.

  • November 23, 2020

    CR England's $18.6M Wage Deal With Drivers Wins Approval

    An $18.6 million deal between trucking company C.R. England Inc. and drivers alleging unpaid wages has earned a Utah federal judge's approval, overcoming objections from a driver who said the amount was too low.

  • November 23, 2020

    Real Estate Rumors: O'Reilly Auto, GlenLine, GME Alliance

    O'Reilly Auto Parts has reportedly sold a Florida warehouse for $11.65 million, GlenLine Investments is said to have paid $8.4 million for a Maryland industrial property, and GME Alliance is reportedly hoping to build 475 apartment units in Fort Lauderdale, Florida.

  • November 20, 2020

    Alsup Denies 'Convoluted' Class Cert. Bid In Lyft ADA Suit

    U.S. District Judge William Alsup has denied wheelchair users' renewed bid for class certification in their disability discrimination suit against Lyft Inc., stating in an opinion Thursday that the proposed class definition is "convoluted" and that the class action waiver and arbitration agreement is the "elephant in the room."

  • November 20, 2020

    One Aviation's $5M Ch. 11 Sale OK'd Despite Opposition

    A Delaware judge on Friday gave his nod to the roughly $5 million sale of aircraft builder One Aviation Corp.'s assets in a difficult Chapter 11 case that included prior failed attempts at a sale, and despite opposition from other potential buyers.

  • November 20, 2020

    California's OSHA Board OKs Emergency COVID-19 Rules

    The six-member board overseeing California's Division of Occupational Safety and Health on Thursday unanimously approved a set of emergency COVID-19 safety regulations for most employers in the state.

  • November 20, 2020

    DC Circ. Backs NLRB On Tire Co.'s Failure To Bargain

    A Massachusetts tire business violated federal labor law when it didn't notify or bargain with a union before contracting out bargaining unit work and implementing and terminating a bonus program, the D.C. Circuit ruled Friday, upholding a National Labor Relations Board decision from last year.

  • November 20, 2020

    Ryder Drivers Seek $1.25M Atty Fees After Wage Settlement

    A class of Ryder System Inc. truck drivers who said the company misclassified them as independent contractors has asked a California federal court to approve $1.25 million in attorney fees, following a $5 million settlement.

  • November 20, 2020

    Pep Boys Customer Can't Revive Tire Regs Suit For Now

    The Third Circuit ruled Friday that a Pep Boys Manny Moe & Jack Inc. customer, for now, can't pursue her proposed class claims that the company didn't assist her in registering her new tires with the manufacturer, reasoning that the alleged oversight didn't result in any injury.

  • November 20, 2020

    How Seattle's Federal Court Has Pioneered Zoom Jury Trials

    It was something lawyers predicted at the start of the pandemic would never happen: a civil jury trial conducted over the internet. But Seattle’s federal court has proven it can work — not just once but three times. U.S. District Judge Marsha Pechman, who presided over two of these trials, told Law360 how the now well-oiled machine was built.

  • November 20, 2020

    11th Circ. Won't Put Publix Trucker's Bias Suit Back In Gear

    An Eleventh Circuit panel spiked a racial bias lawsuit from a former trucker against grocery chain Publix, saying Friday that he was fired not because he is Black but because he caused a workplace accident and was dishonest about it.

  • November 20, 2020

    ADA Claims Are Cut From American Airlines Heavy Metals Suit

    An Oklahoma federal judge has trimmed Americans with Disabilities Act claims from a proposed class action alleging American Airlines Inc. exposed workers to heavy metals then subjected them to involuntary blood tests, saying they haven't alleged the blood tests resulted in any concrete injury under the ADA.

Expert Analysis

  • How Federal, State Plans Could Bring Carbon Capture To US

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    Proposals from President-elect Joe Biden, a pair of bills currently pending in Congress and a low-carbon fuels program in California provide insights into how carbon capture, utilization and storage technology could be integrated into the fight against climate change in the U.S., say Hunter Johnston and Jeff Weiss at Steptoe.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • EU Climate Goals Are Hard To Reach Without Carbon Capture

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    The European Union's failure to fully embrace blue fuels, produced using carbon capture, utilization and storage technologies, may hinder the region's pursuit of its aggressive decarbonization goals, say Hunter Johnston and Jeff Weiss at Steptoe & Johnson.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Carbon Capture Tech Offers A Fast Path Toward Climate Goals

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    To meet ambitious climate goals, the U.S., EU and other developed nations must immediately start reducing carbon emissions from fossil fuels, which policymakers can encourage by supporting carbon capture, utilization and storage technologies, say Hunter Johnston and Jeff Weiss at Steptoe.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

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    While waiting for the Federal Circuit to resolve its recent inconsistent treatment of prior-art-based arguments during a Section 101 patent eligibility analysis, practitioners should draft patent specifications to show improvements over prior art and then leverage them in litigation, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Valuation Uncertainty Could Prompt Increased Litigation

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    The COVID-19 pandemic has increased volatility around forward-looking cash flows and discount rates, which may lead to more business valuation disputes, particularly in the M&A and bankruptcy litigation contexts, say analysts at Cornerstone Research.

  • Opinion

    Dakota Pipeline Challenge Undermines Permitting Process

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    If Standing Rock Sioux Tribe v. Army Corps of Engineers succeeds at challenging the Dakota Access Pipeline's environmental permitting more than three years after it came online, other infrastructure projects might also face legal battles long after they are built, says David Hill at the Columbia University Center on Global Energy Policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

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