Transportation

  • January 13, 2017

    Airlines Tell 9th Circ. Gov’t Price Regs Bar Antitrust MDL

    All Nippon Airways and EVA Airways argued at a Ninth Circuit hearing Friday that a lower court should have found multidistrict litigation accusing them of fixing rates for passenger fares on trans-Pacific flights is barred because industry prices are regulated by the U.S. Department of Transportation.

  • January 13, 2017

    Rail Suit Jurisdiction Dispute Chugs Into Supreme Court

    The U.S. Supreme Court agreed Friday to take up a jurisdictional dispute involving BNSF Railway Co.'s challenge to a Montana high court ruling that two injured out-of-state railroad workers could sue the company in Big Sky Country.

  • January 13, 2017

    RFS Targets Impossible In 'Real World,' Fuel Groups Say

    Petroleum industry groups told the D.C. Circuit on Thursday that the statutory volumes set for the U.S. Environmental Protection Agency’s Renewable Fuel Standard program aren’t possible in the "real world," asking the appeals court to back the agency's view of its authority to break with Congress’ timetable for incrementally replacing conventional fuels with renewables.

  • January 13, 2017

    Ambulance Co. Pays $12.7M In Medicare Fraud Deal

    MedStar Ambulance Inc. has agreed to pay $12.7 million and enter into a corporate integrity agreement to settle claims in Massachusetts federal court that it routinely falsely billed Medicare for services it didn't provide, the attorney for the whistleblower in the case announced on Friday.

  • January 13, 2017

    US Airways Tries To Trim Service Agent Class Action

    Counsel for US Airways asked a California federal judge at a hearing Friday to nix overtime claims brought by a certified class of fleet service agents, arguing that the Railway Labor Act, the unionized workers’ collective bargaining agreement and their standing as airline employees all trigger exemptions to state labor laws.

  • January 13, 2017

    In Quick Move, EPA Sets Fuel Standards Before Inauguration

    In an action taken just days before Donald Trump is sworn in as the next president, the U.S. Environmental Protection Agency finalized rules Thursday that will maintain heightened greenhouse gas emissions standards for 2022 through 2025 model year cars and light trucks.

  • January 13, 2017

    Fiat Chrysler Faces Consumer Suit Over Emission Software

    The morning after the Environmental Protection Agency’s Thursday announcement that Fiat Chrysler installed and didn’t disclose engine software allowing over 100,000 vehicles to produce excessive nitrogen oxide emissions, an Alabama man brought a federal court suit alleging the automaker misled customers as well as regulators.

  • January 13, 2017

    3 Takata Execs Face Criminal Charges Over Air Bag Scheme

    Three Takata Corp. executives have been indicted on criminal charges for their alleged roles in a more than decadelong scheme to hide the truth about the company’s potentially deadly air bag inflators from automakers, federal regulators and the public, the U.S. Department of Justice announced Friday.

  • January 13, 2017

    Calif. Agency Ditches Taxi Co.'s Attack On Ride-Hail Rules

    A California federal judge on Thursday tossed a San Francisco taxi company’s equal protection suit alleging the California Public Utilities Commission's regulation of Uber and similar companies gives them an unfair advantage over traditional taxi companies, ruling ride-hailing services are not “de facto taxi companies.”

  • January 13, 2017

    Delhi Judge Won’t Name Arbitrator In $2M Rail Contract Row

    An Indian court has declined to appoint an arbitrator in a dispute between a construction firm and a rail engineering consultant owned by India’s government over a $1.9 million contract for work in Sri Lanka, saying the international aspect of the dispute stripped it of the power to act.

  • January 13, 2017

    NY Fund Manager Shells Out $8M To SEC Over Ponzi Scheme

    The U.S. Securities and Exchange Commission announced on Thursday that a New York venture capital fund manager agreed to pay it $8 million in disgorgement for allegedly operating a $5 million Ponzi scheme involving fake purchases of Twitter and Uber shares.

  • January 13, 2017

    Toyota Expands Recall Of Vehicles With Takata Air Bags

    Toyota Motor Corp. on Thursday announced that it will recall 543,000 more vehicles in the U.S. to replace front passenger air bags manufactured by Takata Corp. which the automaker said contain potentially fatal defects.

  • January 12, 2017

    Hanjin Fights For Approval Of $78M US Asset Sale

    Counsel for Hanjin Shipping Co. urged a New Jersey bankruptcy court on Thursday to approve the Korean courier’s bid to sell its U.S. assets, including equity interest in a financially distressed operator of port terminals, for $78 million, saying it’s the best deal for Hanjin and its creditors, despite several of their objections.

  • January 12, 2017

    Beverly Hills School District Can't Derail $1.4B Subway Deal

    A California federal judge on Thursday denied a Beverly Hills school district's bid to prevent the Los Angeles County Metropolitan Transportation Authority from awarding a $1.4 billion contract for a subway routed beneath a school, but warned the MTA that he'd "break the contract" if it doesn't complete a required environmental assessment.

  • January 12, 2017

    VW Exec Will Be Detained, Sent To Face Charges In Mich.

    A Volkswagen executive arrested in Miami this month in connection with the German automaker's “clean diesel” emissions fraud scandal was ordered Thursday by a Florida federal judge to be detained and extradited to Michigan, where he has been indicted, according to the U.S. Department of Justice.

  • January 12, 2017

    Lighting Distributor Gets 27 Months In $5M Fraud Scheme

    A lighting distributor who copped to a role in a $5 million fraud and kickback scheme in which contracts for LED light fixtures at Miami International Airport were directed to a single company in exchange for a share in the proceeds has been sentenced to serve 27 months in prison and pay $2.4 million in restitution.

  • January 12, 2017

    Occasional Slur Not Enough To Show Bias, Va. Judge Rules

    A Virginia federal judge ruled Thursday that a former engineer for the Virginia Department of Transportation failed to back up his claims of racial bias and retaliation by the agency, saying that an occasional racial slur doesn't necessarily amount to discrimination.

  • January 12, 2017

    Airbus Settles Arbitral Row In $4.5M Fund Manager Dispute

    Global aerospace giant Airbus Group SE on Wednesday told a New York federal judge that it has reached a tentative settlement in its case to halt a $4.5 million arbitration claim brought against it by a former Andreessen Horowitz partner who led its Silicon Valley venture capital arm.

  • January 12, 2017

    Marine Transport Co. Can't Reduce Award In Death Suit

    A Kentucky federal judge on Thursday declined to reduce a damages award or order a new trial related to a jury's conclusion that Hunter Marine Transport Inc. was negligent in connection with an engineer’s death by fatal asthma attack aboard one of its ships and should pay his widow for pain and suffering.

  • January 12, 2017

    CORRECTED: Uber Drivers Urge 9th Circ. To Affirm Class Expansion

    A class of drivers accusing Uber Technologies Inc. of stiffing workers on tips and expenses on Wednesday urged the Ninth Circuit to affirm a ruling that added drivers who signed a 2014 arbitration agreement to the class, saying the agreements aren’t enforceable because they violate the National Labor Relations Act. CORRECTION: An earlier story misstated the amount of the settlement that was rejected in August and misstated when and in which case the NLRB filed a brief. The errors have been corrected.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • 2 States, 2 Visions For Driverless Vehicle Regulation

    Reynolds, Mike, OMelveny.jpg

    When it comes to automated vehicles on public roads, a new Michigan law and draft regulations in California present competing approaches to balancing innovation with safety. Michigan takes a permissive approach, allowing automakers to experiment with technologies and business models, while California proposes extensive vetting of automated vehicles before they hit the road, say Michael Reynolds and Jason Orr of O'Melveny & Myers LLP.

  • In Mass., Contractor Misclassification Is Easy As 'ABC'

     J. Allen Jones

    The Massachusetts Supreme Court's recent decision in Chambers v. RDI Logistics reemphasizes the importance of treating your independent contractors like any other vendor with which you do business and highlights the potential minefield when you are too clever by half, say J. Allen Jones and Richard Plewacki of Benesch Friedlander Coplan & Aronoff LLP.

  • New Water Act Is A 'WIIN' For Infrastructure

    Paul J. Epstein

    Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act. The law includes certain provisions that may be of particular interest to private sector entities pursuing investments in the water sector, including investments through public-private partnerships, says Paul Epstein of Shearman & Sterling LLP.

  • The Sky's The Limit For Public-Private Aerial Transit

    Frank Rapoport.jpg

    Aerial tramways have been used in a number of U.S. cities for public transport in recent years. Now, aerial gondola lifts are being considered for moving commuters and tourists in New York City, Miami, Philadelphia, Chicago and elsewhere, and the public-private partnership model is emerging as a favored way of delivering and maintaining these green and cost-efficient systems, says Frank Rapoport of Peckar & Abramson PC.

  • United Case Highlights Achilles’ Heel Of Fraud Prevention

    Joseph Moreno

    United Airlines recently paid a $2.4 million penalty to the U.S. Securities and Exchange Commission for failing to follow its own anti-corruption policies, underscoring the fact that even a perfectly designed internal control environment will not operate effectively when management can circumvent or ignore controls, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Key Goals For The Next Secretary Of Transportation

    Kathryn Thomson

    President-elect Trump has stated his intent to nominate Elaine Chao as his secretary of transportation. Chao is the wife of Senate Majority Leader Mitch McConnell, R-Ky., and a consummate Washington insider. To achieve success, she must be a visionary, creative and aggressive leader who will work with a diverse group of stakeholders and hold Congress accountable in key areas, says Kathryn Thomson of Morrison & Foerster LLP.

  • Time To Reopen Some DOJ Antitrust Field Offices

    Robert E. Connolly

    President-elect Donald Trump has pledged to spend up to $1 trillion upgrading America’s infrastructure. To help ensure that money is spent free from corruption, the incoming administration should reopen at least two of the four Antitrust Division field offices that were shuttered in January 2013, says Robert Connolly of GeyerGorey LLP.