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Transportation

  • May 25, 2018

    Southwest Can't Duck Customer Service Reps' FLSA Claims

    A New Mexico federal judge on Friday refused to toss most of a hybrid class and collective action accusing Southwest Airlines of not paying customer service representatives for all hours worked, saying that an analysis of their job duties is first needed to determine whether a Fair Labor Standards Act exception for air carriers applies.

  • May 25, 2018

    Fiat Chrysler Recalls 4.8M Vehicles Over Cruise Control Issue

    Fiat Chrysler is recalling 4.8 million Chryslers, Dodges, Jeeps and Ram pickups after discovering the "unlikely" possibility that drivers could become unable to turn off cruise control, it said Friday.

  • May 25, 2018

    DC Circ. Won't Review NLRB Decision In XPO Union Case

    A D.C. Circuit panel on Friday denied XPO Logistics Freight Inc.'s bid for review of a National Labor Relations Board finding that the company violated federal labor law when it refused to bargain with a Teamsters local after workers at one of its facilities voted to join the union.

  • May 25, 2018

    Pruitt’s Slate Of EPA Regional Chiefs Leaves Enviros Fuming

    U.S. Environmental Protection Agency head Scott Pruitt recently filled the organization's last open regional administrator position, once again picking an individual who environmentalists say is too cozy with the companies he is tasked with regulating.

  • May 25, 2018

    Former Fiat HR Director Cops To Pay-To-Play Concealment

    A former director of human resources for Fiat Chrysler Automobiles US LLC pled guilty Friday to concealing a pay-to-play conspiracy between FCA executives and senior officials of the United Auto Workers and is facing 12 to 18 months in prison, according to a filing in Michigan federal court.

  • May 25, 2018

    Drivers Must Say Why They Altered Autobahn Suit Without OK

    A California federal judge on Friday demanded to know why a group of drivers amended their claims against auto dealer Autobahn Inc. this month without first seeking leave of court, saying she will strike the revised complaint unless the drivers show cause for their actions.

  • May 25, 2018

    Car Dealer Accused Of Laundering Gains In $7M Global Scam

    The owner and operator of an Indiana car dealership was arrested Thursday after being accused of using his business to launder the proceeds of an investment and inheritance scheme that spanned across 20 countries and defrauded victims of more than $7 million.

  • May 25, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an Irish real estate developer sue Ireland's "bad bank," a contract dispute between two African banks and a French fishing operator, and several major insurers take Danish shipping giant Maersk to court. Here, Law360 looks at those and other new claims in the U.K.

  • May 25, 2018

    Avis Says Car Renter In Insurance Row Has No Standing

    Avis Budget Car Rental LLC asked a Florida federal judge to toss the remaining claims in a long-running class action over an alleged insurance coverage fraud, saying the court record proves the renter was provided with contractual liability coverage and thus does not have standing.

  • May 25, 2018

    Mass. Truckers Win Piecemeal Class Cert. In Wage Suit

    A Massachusetts federal judge late Thursday surgically parsed a proposed class and collective action brought by truck drivers who say they were not fully compensated by CRST International Inc., granting class and collective certifications to a 15,000-member portion of them, according to class counsel.

  • May 25, 2018

    Liberty Beats Pipe Co.'s Appeal Over $13.5M Coverage Loss

    The Eighth Circuit on Friday upheld a lower court's ruling that Liberty Mutual doesn't have to cover $13.5 million in expenses that a pipe maker says it incurred shifting production overseas after a 2012 fire at its plant in Little Rock, Arkansas, rejecting the manufacturer's contention that the costs were necessary to avert covered business income losses.

  • May 25, 2018

    Tesla To Settle Suit Over Autopilot, Safety Features

    Electric-car maker Tesla Inc. reached an agreement Thursday to resolve a proposed class action in California federal court brought by Model S and Model X drivers alleging the company delayed rolling out safety features and a $5,000 enhanced autopilot system that turned out to be faulty anyway.

  • May 25, 2018

    Taxation With Representation: Davis Polk, Wachtell, Hogan

    In this week’s Taxation with Representation, Wabtec merged with General Electric’s transportation unit in an $11.1 billion deal, NextEra snapped up Southern Co.'s Florida utilities for $6.48 billion, MB Financial and Fifth Third merged in a $4.7 billion deal, and Adobe acquired Magento for $1.68 billion.

  • May 24, 2018

    Chrysler Pushes Bulk Of Race Bias Claimants Into Arbitration

    Fiat Chrysler won a bid to push the bulk of a racial discrimination proposed class action into individual arbitration, according to a Michigan federal judge's ruling Thursday that found the U.S. Supreme Court's recent decision in Epic Systems bars the employees from arbitrating their bias claims as a class.

  • May 24, 2018

    Del. Clawback Suits Paused For GM NY Bankruptcy Mediation

    Two clawback suits being pursued by the litigation trust formed in the Chapter 11 case of General Motors Corp. will stall after a Delaware Chancery judge on Thursday paused discovery while mediation over allegedly improper transfers of funds to secured lenders continues in New York bankruptcy court.

  • May 24, 2018

    EPA Extends Comment Period On Scientific Review Revamp

    The U.S. Environmental Protection Agency announced on Thursday that it is extending the public comment period on a controversial proposal to require the publication of data underlying scientific studies that are considered when promulgating regulations, and will also hold a public hearing on the matter.

  • May 24, 2018

    Global Warming Fight Heats Up As Big Oil, Cities Face Off

    The U.S. Justice Department joined Chevron, BP, Exxon Mobil and other oil companies Thursday in attacking suits by San Francisco and Oakland seeking damages for climate change-related infrastructure needs, arguing before a California federal judge that the litigation would flout congressional intent, muddle international policy and outlaw energy production.

  • May 24, 2018

    Trump Issues Overhaul Of Commercial Space Regulations

    President Donald Trump on Thursday signed a directive intended to loosen regulations on commercial space flight, putting responsibility for launch and reentry in the hands of the U.S. Department of Transportation, while making the U.S. Department of Commerce a "one-stop shop" for all other commercial space issues.

  • May 24, 2018

    Maritime Co. Tries To Revive $2.5M Antitrust Defense Fight

    Crowley Maritime Corp. urged the Eleventh Circuit to revive the shipping company's lawsuit to force an AIG unit to cover the $2.5 million that Crowley shelled out to defend a subsidiary's former executive against antitrust allegations, asserting Thursday that it provided timely notice of the claim to the insurer.

  • May 24, 2018

    Fiat Chrysler Wants RICO Claim Tossed In Emissions MDL

    Fiat Chrysler told a California federal judge that drivers in a multidistrict litigation over the alleged rigging of emissions tests have not salvaged their claims against the company, saying the judge should at least cut a Racketeer Influenced and Corrupt Organizations Act claim from the consolidated class action.

Expert Analysis

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • Illinois’ Unique Lease Tax Leaves Lessors Liable

    David Machemer

    While most jurisdictions impose sales tax on lease receipts collected from the equipment lessee, Illinois differs by treating the lessor as the user of the equipment and consequently responsible for Illinois use tax. This presents some unique challenges for lessors, says David Machemer of Horwood Marcus & Berk Chtd.

  • 3 Ways FERC Could Increase Pipeline Review Transparency

    Barbara Jost

    The Federal Energy Regulatory Commission recently solicited public comments on whether to revise its policies governing approval of new natural gas pipelines. This may not ultimately result in significant revisions to pipeline approval procedures. But a few simple changes could enhance public confidence in pipeline siting, says Barbara Jost of Davis Wright Tremaine LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • How Vehicle Logging Devices May Fuel 'Reptile Tactics'

    Jennifer Parrott

    Many motor carriers are now required to equip their commercial vehicles with electronic logging devices. The vast amount of data these devices record will make it much easier for plaintiffs lawyers to pinpoint specific safety issues caused by motor carriers or drivers, and use such issues to appeal to juries, say Jennifer Parrott and Melody Kiella of Drew Eckl & Farnham LLP.