Transportation

  • February 21, 2017

    Russia Challenges WTO Panel's Vehicle Duties Ruling

    The Russian Federation on Monday appealed a World Trade Organization panel's recent decision that Russian anti-dumping duties reaching nearly 30 percent on light commercial vehicles from Germany and Italy violated WTO rules.

  • February 21, 2017

    Beverly Hills Schools Ask 9th Circ. To Halt Subway Funding

    The Beverly Hills, California, school district asked the Ninth Circuit on Thursday to block a federal funding agreement for a subway expansion project that would route a train line under a school, saying an unbiased environmental impact review can’t take place when more than $1 billion has already been allocated for construction.

  • February 21, 2017

    FastShip Seeks $44M From Navy For Allegedly Cribbing IP

    FastShip LLC demanded $44 million from the U.S. Navy on Tuesday for allegedly using patented hull technology in its new littoral combat ships, closing out a two-week infringement trial that has evolved into a complex debate over boat physics.

  • February 21, 2017

    NYC Mayor Tells 17 Banks To Pull Dakota Access Financing

    New York City Mayor Bill de Blasio pressed 17 banks Friday to immediately withdraw their financing of the Dakota Access pipeline in a letter saying the threat the project poses to the Standing Rock Sioux Tribe, the environment and the banks themselves "is not worth the return it might generate."

  • February 21, 2017

    Suit To Block Albuquerque's $120M Bus Plan Is Dropped

    Local businesses that tried to stop a $120 million bus project from running through the city of Albuquerque — saying construction would ruin a portion of historic Route 66 — agreed in New Mexico federal court on Tuesday to drop their lawsuit against the city and the U.S. Department of Transportation.

  • February 21, 2017

    WTO Dispute Roundup: Green Energy, Transit Battles Stall

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, cases against U.S. renewable energy subsidies and Russian restrictions on merchandise shipping both hit procedural snags, while Colombia and Panama continue their tussle over shoe, apparel and textile duties.

  • February 21, 2017

    Class Cert. Won't Fly In Delta Fee Suit, 11th Circ. Told

    Delta Air Lines Inc. and AirTran Airways Inc. on Friday told the Eleventh Circuit it would be impractical to uphold a district court's certification of a class of about 28 million passengers in a suit alleging the airlines colluded to institute a first-checked baggage fee.

  • February 21, 2017

    New EPA Chief Promises To Change Regulatory, Legal Practices

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday emphasized his desire to work collaboratively with career EPA staff and his intention to depart from regulatory and litigation tactics he said sideline industry and state interests.

  • February 21, 2017

    Navistar Says Bus Co.'s RICO Suit Is A Nonstarter

    An Illinois school bus company’s latest complaint claiming Navistar International Corp. ran a racketeering enterprise involving the sale of buses with defective brakes and engines is just as flawed as the one a federal judge dismissed in December, Navistar has told the court.

  • February 21, 2017

    High Court Rejects Plane Parts FCA Revival

    The U.S. Supreme Court refused Tuesday to take on a would-be whistleblower’s False Claims Act suit, repeatedly rejected by the Fifth Circuit, accusing government contractors such as Northrop Grumman Corp. and Bombardier Inc. of reusing aircraft parts from a crashed plane.

  • February 21, 2017

    Uber Held To Be Taxable Taxi Service In Australia

    Uber's prime car service counts as a taxi service that must pay the relevant Australian taxes, an Australian Federal Court judge said on Friday in a rebuke to the ride-hailing company's contentions that its fares had none of the accoutrements of a taxicab.

  • February 21, 2017

    Southwest Wants Full 5th Circ. To Review Delta Gate Fight

    Southwest Airlines Co. has asked the Fifth Circuit to reconsider en banc a ruling allowing Delta Air Lines Inc. to fly from gates at Dallas Love Field airport, saying a panel majority wrongly issued an advisory opinion despite Delta’s lack of standing.

  • February 20, 2017

    Ex-NJ DOT Chief Charged In Airline Bribery Case Dead At 62

    Former New Jersey transportation executive and lobbyist Jamie Fox, who carved himself a niche in the Garden State’s gritty political scene as both a public servant and private consultant before being charged in an alleged airline bribery scheme, died Monday at age 62.

  • February 17, 2017

    Ill. High Court Lets Railroad Employer Dodge Injury Suit

    Union Pacific Railroad Co. was improperly found liable for an employee's injuries, the Illinois Supreme Court ruled Friday, finding that railroad employers can pass off workplace injury liability to a third party in certain cases.

  • February 17, 2017

    Army Corps Says Pipeline Camp Cleanup Needs To Speed Up

    The U.S. Army Corps of Engineers said in a statement Thursday that the cleanup of North Dakota camps used by opponents of the Dakota Access pipeline isn’t on track to be finished before the agency fully closes the camps on Feb. 22.

  • February 17, 2017

    Union Pacific Can't Dodge Asarco's $482M Cleanup Cost Suit

    An Idaho federal judge on Thursday trimmed copper mining company Asarco LLC’s lawsuit seeking to establish Union Pacific Railroad’s liability for part of a $482 million environmental cleanup, but declined to toss the entire matter as the rail company had wanted.

  • February 17, 2017

    BMW NA Needn't Get Parent's Takata Docs: Special Master

    The special master in multidistrict litigation against Takata Corp. and various automakers over potentially explosive air bags recommended that BMW of North America LLC not be ordered to produce BMW AG documents, saying Thursday that the plaintiffs failed to show the U.S. distributor has control of the documents.

  • February 17, 2017

    Groups Back Uber Customers In 1st Circ. Airport Fee Dispute

    A public interest law firm and consumer advocacy group sought Thursday to weigh in on a First Circuit appeal of a proposed class action alleging ride-hailing giant Uber hid extra fees for airport trips, saying the company is unfairly imposing terms on consumers that are buried in online agreements.

  • February 17, 2017

    Jury Awards Family $4M In Trucking Crash Suit

    A Florida jury awarded $3.92 million on Friday to surviving family members in a suit against a trucking company and a staffing firm that resulted from a terrible 2012 highway crash, but attributed much of the fault to a drunk driver who is not a defendant.

  • February 17, 2017

    Calif. Drivers Lose Bid To Keep Ford Power Steering Claims

    A California federal judge has handed Ford Motor Co. a quick win on several consumers’ claims that the auto giant hid the fact that its Focus and Fusion cars had power steering defects, saying the consumers couldn’t prove damages since Ford fully replaced their systems.

Expert Analysis

  • The Quadrennial Energy Review And Grid Security

    William Demarest, Jr.

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review includes a number of recommendations for physical and cybersecurity protection of the nation's power infrastructure. Although the report recommends developing and implementing "necessary" security measures, it provides limited details in some areas, and does not identify revenue sources for some initiatives, say attorneys from Husch Blackwell LLP.

  • 2-For-1 Executive Order Leaves OMB To Work Out Details

    Laurence Platt

    While President Donald Trump’s recent executive order reducing regulations may seem appealing in its simplicity, the White House has provided agencies with little guidance on its implementation, instructing them to call the Office of Management and Budget with questions. Yet the OMB's ability to provide answers will be impaired by a lack of clear legal standards, say Laurence Platt and Joy Tsai of Mayer Brown LLP.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • A Regulatory Play-By-Play Of The Super Bowl Drone Show

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    Super Bowl viewers may have wondered what type of legal approvals were needed to enable the massive display of 300 choreographed drones that kicked off Lady Gaga’s halftime show. In fact, a tape delay and a special waiver of the Federal Aviation Administration's Part 107 regulations were required to make the performance work, say Anna Gomez, Joshua Turner and Sara Baxenberg of Wiley Rein LLP.

  • Antitrust: A New Line Of Attack Against Pipelines

    David L. Wochner

    The Sierra Club’s recent filings with federal regulatory agencies asserting that two natural gas pipeline projects violate antitrust law are novel, and we believe they face substantial obstacles under established antitrust law, say attorneys with K&L Gates LLP.