• March 13, 2018

    EVA Airways Settles Price-Fixing Class Action For $21M

    Airline passengers accusing a slew of airlines of fixing the price of long-haul flights to Pacific destinations told a California federal judge Tuesday they have agreed to settle with EVA Airways Corp. for $21 million, marking the latest airline to settle out of the sprawling multidistrict litigation.

  • March 13, 2018

    Mercedes-Benz Gets Claims Nixed In Moldy HVAC System Row

    A Georgia federal judge trimmed a proposed class action Tuesday accusing Mercedes-Benz USA LLC and parent Daimler AG of manufacturing vehicles with a defect that causes odorous mold in their heating, ventilation and air-conditioning systems.

  • March 13, 2018

    Online Auto Seller's Texts Don't Violate TCPA, Judge Says

    Online vehicle retailer CarGurus Inc. did not send unsolicited text messages to cellphone users in violation of the Telephone Consumer Protection Act, an Illinois federal judge ruled Monday, ruling in favor of CarGurus and against a putative class of consumers.

  • March 13, 2018

    State Dept. Sued For Details On Overdue Climate Report

    An environmental group hit the U.S. Department of State with a lawsuit in D.C. federal court Tuesday, demanding answers on why the agency failed to submit a climate action report to the United Nations in January as required by a 1994 treaty.

  • March 13, 2018

    NJ Gov. Calls For Millionaires' Tax In His $37.4B Budget

    New Jersey's governor put forward a $37.4 billion budget on Tuesday that proposes a new tax on those making more than $1 million a year, raising the state sales and use tax back to 7 percent, legalizing and taxing marijuana use and increasing the state property tax deduction from $10,000 to $15,000.

  • March 13, 2018

    Hertz Can Arbitrate Renter's Suit Over Unpaid Toll Fees

    A California federal judge on Monday sent to arbitration a putative class action alleging Hertz failed to tell car renters about transponders that didn’t work properly on all toll roads so the company could unlawfully charge an administrative fee for unpaid tolls, saying the rental agreements had arbitration provisions.

  • March 13, 2018

    9th Circ. Won't Revive Suit Over Calif. Ride-Hailing Reg

    The Ninth Circuit won’t revive a San Francisco cab company’s claims the California Public Utilities Commission gave ride-hailing companies like Uber an unfair advantage when it designated them as charter services, finding Monday that the company didn’t have standing to challenge the CPUC’s jurisdiction.

  • March 13, 2018

    7th Circ. Won't Restore Relator In Settled $20M Bribe Suit

    The Seventh Circuit on Monday refused to revive a man’s bid to collect proceeds from a $20 million settlement in a suit he once headed alleging unlawful contract bribery in Chicago’s red light camera program, saying the lower court correctly found it lacked subject matter jurisdiction over his claim.

  • March 13, 2018

    Rolls-Royce Wins Bids To Exit FCA Suit, DQ Atty

    A Texas federal judge agreed Monday with a magistrate judge’s conclusions that Rolls-Royce should escape a False Claims Act suit alleging it billed the U.S. Air Force for uncertified parts and that the whistleblower’s attorney should be disqualified, saying the relator unsuccessfully pursued these claims previously and his attorney once worked for the company.

  • March 13, 2018

    Mich. Auto Dealers Must Give Tesla Info On Lobbying Efforts

    After a hard-fought battle to dodge Tesla’s subpoenas, the Michigan Automobile Dealers Association must hand over documents about its lobbying efforts supporting a 2014 state ban on car manufacturers selling vehicles directly to consumers, a federal judge ruled Tuesday.

  • March 13, 2018

    Ford Closes Door On Some Driver Claims In Faulty Latch Suit

    A California federal judge on Monday jettisoned some claims in a consumer class action alleging some Ford vehicles were sold with defective door latches that caused sensors to malfunction, finding drivers fell short of proving the automaker violated certain state consumer protection laws and breached warranty agreements by only creating a temporary fix.

  • March 12, 2018

    Uber’s $3M Deal Shortchanges Drivers, Judge Told

    A group of drivers urged a New York federal judge to pump the brakes on a proposed $3 million settlement with Uber over allegations the company improperly calculated deductions from fares, saying in an objection Friday that the amended deal drastically undervalues the strength of their claims and proposes an inadequate form of notice for class members.

  • March 12, 2018

    Engineering Giant GKN Rejects Melrose’s £8.1B 'Final' Offer

    U.K. automotive and aerospace parts company GKN PLC said it had rejected a revised acquisition offer from Melrose Industries that valued it at £8.1 billion ($11.3 billion) on Monday, the same day the investment company made the proposal.

  • March 12, 2018

    Sysco Indianapolis Bound By Pension Dispute Decision

    An Indiana federal judge on Friday gave a quick win to a union that said Sysco Indianapolis LLC must adhere to a decision in an employee pension dispute by a joint grievance committee, saying the collective bargaining agreement cemented the result.

  • March 12, 2018

    ACLU Wants Records On TSA Domestic Passenger Searches

    The American Civil Liberties Union sued the Transportation Security Administration in California federal court on Monday to get information on its policies and procedures for searching domestic airline passengers’ electronic devices at airports, saying the agency’s troubling actions are shrouded in secrecy and trampling on travelers’ privacy.

  • March 12, 2018

    EPA Must List Areas Not Meeting Smog Standards By April

    A California federal judge on Monday told the U.S. Environmental Protection Agency it has until the end of April to publish a complete list of areas in the country that either do or don’t meet national ambient air quality standards for ozone.

  • March 12, 2018

    Enviros Threaten To Sue EPA Over Sulfur Dioxide Pollution

    Three environmental groups threatened Monday to haul the U.S. Environmental Protection Agency into court, accusing the agency of dragging its feet on state plans for cleaning up sulfur dioxide pollution in Illinois, Florida and other locations.

  • March 12, 2018

    11th Circ. Affirms Delta, AirTran Win In Bag-Fee MDL

    In a one-sentence order Friday, the Eleventh Circuit affirmed a Georgia federal judge's summary judgment for Delta Air Lines Inc. and AirTran Airways Inc. in passengers' long-running multidistrict litigation alleging the airlines colluded to institute a fee on first-checked bags.

  • March 12, 2018

    Consumers Seek Cert. In Miami Airport 'Exit Fees' Suit

    Consumers suing Venezuelan airline Avior Airlines CA over surprise “exit fees” they allegedly had to pay before boarding flights at Miami International Airport asked a Florida federal judge to certify their proposed class action Friday, saying they have common-enough claims for breach-of-contract damages.

  • March 12, 2018

    2nd Circ. Says NY Regulator Too Late To Deny Pipeline Permit

    The Second Circuit on Monday backed the Federal Energy Regulatory Commission’s conclusion that New York state environmental regulators had waived their authority to deny a Clean Water Act permit for a Millennium Pipeline Co. LLC project by blowing a one-year deadline to act on its permit application.

Expert Analysis

  • The Threshold Of Copyright Protection After American Airlines

    Roberta Horton

    The U.S. Copyright Office’s recent refusal to register the new American Airlines logo has sparked discussion about the level of creativity a work must embody to warrant copyright protection. The courts have adopted more reasonable interpretations of “creativity” than the Copyright Office, says Roberta Horton of Arnold & Porter.

  • Getting Back To Basics With Master Limited Partnerships

    Jeffery Malonson

    It has been a rough three years in the energy sector. During the downturn, upstream master limited partnerships, large and small, were disproportionately affected. If we have learned anything from this cycle, it is that we should endeavor to structure MLPs to withstand even the harshest price environments, says Jeffery Malonson of King & Spalding LLP.

  • After A Drone Accident, Who Can Be Held Responsible?

    John O'Brien

    The Federal Aviation Administration's evolving regulations on the use of unmanned aerial vehicles, as well as new anti-collision technologies, may prevent some drone-related accidents. But collisions, near-misses and malfunctions can still occur, with serious consequences. So citizen access to the courts is particularly important in the context of drone safety, says John O'Brien of John O'Brien & Associates.

  • Managing Aircraft Lease Novations: A Primer

    Patrice Robinet

    With the world’s commercial aviation fleet nearly set to double over the next 15 years, trading activity among lessors is bound to increase. Aircraft lessees will confront ever-increasing requests from lessors to consent to novations of existing leases. Parties to aircraft trade transactions would do well to engage lessees in person early in the process, says Patrice Robinet of Akerman LLP.

  • Private Equity In The Aviation Sector Takes Flight

    Hugh Stacey

    We could well be looking ahead to a world where over half of aviation finance comes from alternative sources. For private equity general partners that move now and treat the sector with the specialist attention it deserves, the sky's the limit, says Hugh Stacey of Augentius.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • 10 Government Contracting Trends To Watch This Year

    Joseph Berger

    Recent developments point to continued high total spending on government contracts, which will improve national defense, disaster relief and domestic infrastructure, presenting opportunities and challenges for both agencies and contractors, says Joseph Berger of Thompson Hine LLP.

  • E-Commerce Boom Means New Roles For Shipping Cos.

    Carlos Rodriguez

    The e-commerce explosion will continue in full force this year, and will bring transportation intermediaries — such as forwarders, nonvessel operating common carriers, customs brokers and indirect air carriers — more into the third-party logistics and fulfillment space. This is inevitable for those who intend to survive and grow, says Carlos Rodriguez of Husch Blackwell LLP.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.