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  • September 17, 2018

    Is Obesity An 'Impairment?' 9th Circ. Asks Wash. High Court

    The Ninth Circuit on Monday asked Washington’s highest court whether obesity can be considered an impairment under state anti-discrimination law, pausing a BNSF Railway Co. job applicant’s bid to revive a disability suit alleging he was discriminated against because of his weight.

  • September 17, 2018

    Southwest Inks $19M Deal To End Pilots' Military Leave Suit

    Southwest Airlines Co. has agreed to make nearly $6 million in retirement payments and provide sick leave potentially worth north of $13 million to end a California federal suit alleging it denied benefits for brief spurts of military service to a proposed class of as many as 2,000 pilots.

  • September 17, 2018

    Lucid Motors Lands $1B From Saudis With O'Melveny's Help

    Lucid Motors, working with legal adviser O'Melveny and Myers LLP, has inked an agreement under which the California-based electric-car company will receive $1 billion from the public investment arm of the government of Saudi Arabia, according to a Monday statement.

  • September 17, 2018

    4th Circ. Won't Stop $3.5B Pipeline Work Amid Permit Redo

    The Fourth Circuit on Monday denied a bid by a group of environmental activists to halt construction of the $3.5 billion Mountain Valley gas pipeline while the U.S. Forest Service and the Bureau of Land Management revise approvals thrown out by the appeals court.

  • September 17, 2018

    Nissan Can't Arbitrate Claims In Defective Sunroof Suit

    A California federal judge on Friday denied Nissan North America Inc.'s attempt to compel arbitration for a consumer in a potential class action accusing the carmaker of selling vehicles with defective sunroofs, finding that Nissan is not a third party to an arbitration agreement the customer signed with the dealership.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Full 9th Circ. Won’t Rehear Seattle Uber Union Law Fight

    The Ninth Circuit on Friday refused to revisit a recent decision reviving the U.S. Chamber of Commerce's antitrust challenge to a Seattle ordinance letting app-based, ride-hailing drivers bargain collectively, rejecting the city’s petition for a rehearing before the full appeals court.

  • September 14, 2018

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

    The last week has seen Denmark's tax authority file another fraud suit against more investment firms, insurance giants like Amlin and Axa sue a seafood distributor, and a bid to appeal a decision from former shareholders of a business in RBS' controversial restructuring unit. Here, Law360 looks at those and other new claims in the U.K.

  • September 14, 2018

    Auto Parts Buyers Must Seek Damages One-On-One, Cos. Say

    A pair of Taiwanese parts suppliers urged a Wisconsin federal judge Thursday to decertify two groups of aftermarket sheet metal parts purchasers seeking damages to close out price-fixing allegations where every other defendant has settled, with the suppliers arguing the buyers’ damages claims must be handled individually.

  • September 14, 2018

    Railroad Must Face Claims Over Tanker Explosions: 8th Circ.

    The Eighth Circuit on Friday found a trust established for wrongful death claimants from a 2013 Quebec railroad disaster can assert claims they inherited from a pair of oil companies against Canadian Pacific Railway, saying one claim was timely and the other may have been.

  • September 14, 2018

    New Calif. Law Commits Ride-Hailing Cos. To Emissions Cuts

    California has passed a law that directs state regulators to set reduced greenhouse emissions targets for ride-hailing companies such as Uber and Lyft in a push that could force the popular services to run electric cars, just days after Gov. Jerry Brown signed an order calling for the state to be carbon-neutral by 2045.

  • September 14, 2018

    Taxation With Representation: Latham, Wachtell, Simpson

    In this week’s Taxation with Representation, Renesas Electronics bought Integrated Device Technology Inc. for $6.7 billion, the Carlyle Group snapped up Sedgwick Claims Management Services for $6.7 billion, a consortium of buyers took over MPM Holdings, and Science Applications International Corp. acquired Engility Holdings for $2.5 billion.

  • September 14, 2018

    Deals Rumor Mill: Thor Industries, Covea, Volkswagen

    Indiana-headquartered RV manufacturer Thor Industries could buy Erwin Hymer in a deal valuing the German peer at more than €2 billion, U.K. insurer Covea is still hoping to acquire French reinsurer Scor, and Volkswagen is preparing a potential IPO for its multibillion-dollar heavy-truck business.

  • September 14, 2018

    Ex-Shipping Co. Manager Admits To Bribing Petroleos Official

    The former manager of a Houston-based logistics and freight forwarding company pled guilty to a conspiracy charge in Texas federal court Thursday for bribing an official of Venezuela’s state-backed energy company, Petroleos de Venezuela SA, in exchange for lucrative contracts.

  • September 14, 2018

    9th Circ. Shuts Down Calif. Rail Hazmat Transport Fee

    Federal law bars California’s tax regulators from assessing a new fee on rail cars transporting hazardous materials like crude oil and chemicals, the Ninth Circuit ruled Thursday, affirming a major win for railroads in their suit alleging the fee is anti-competitive and interferes with federally protected interstate commerce.

  • September 14, 2018

    Mercedes Can't Park Suit Alleging It Fired Harassed Worker

    A Michigan federal judge Thursday refused to let Mercedes-Benz out of a suit brought by an ex-employee alleging the company terminated her after she complained about gender discrimination, saying there is reason to believe that is why the company fired her.

  • September 14, 2018

    9 BigLaw Firms Pledge $15M For Pro Bono Enviro Efforts

    Nine BigLaw firms will provide a combined $15 million in pro bono legal services to advance efforts to fight global climate change and bolster sustainability, California officials said Friday, the final day of a global climate summit in San Francisco.

  • September 13, 2018

    Ex-Uber Exec Blames Ex-PR Chief For Firing In New Suit

    A former top Uber executive in Asia sued the ride-hailing giant’s one-time public relations chief in California Superior Court in San Francisco County on Thursday, alleging she made misleading and disparaging remarks about him in violation of a nondisparagement agreement that caused him to get fired.

  • September 13, 2018

    Fiat Chrysler Must Face Driver's Gearshift Defect Suit

    A Michigan federal judge has denied Fiat Chrysler Automobiles’ attempt to dismiss an individual suit within multidistrict litigation alleging the automaker manufactured cars with faulty gearshifts that resulted in a parked car rolling over a woman's leg, saying the motorist had a valid reason for filing her suit late.

  • September 13, 2018

    Real Estate Rumors: Miami-Dade County, Barings, Bringer

    Miami-Dade County is reportedly considering buying a former railroad corridor for $24.6 million, landlord Barings is said to be leasing nearly 20,000 square feet in New York to PR Consulting, and an affiliate of air cargo company Bringer has reportedly paid roughly $2.7 million for a Florida development site.

Expert Analysis

  • Why Escobar Materiality Rule Applies To California FCA

    Carolyn Pearce

    While California state courts have yet to directly address the issue, it is likely that the U.S. Supreme Court's Escobar standard for False Claims Act claims will — and indeed should — guide the materiality analysis under the California FCA as well, says Carolyn Pearce of Arnold & Porter.

  • What To Expect From NYC's New Ride-Sharing Regs

    Rich Meneghello

    The New York City Council recently passed a series of laws aimed at regulating the city's ride-sharing services. However, they do not provide the clarity businesses and workers in the industry were hoping for, say Rich Meneghello and Melissa Osipoff of Fisher Phillips.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Cos. Caught Between Iran Sanctions And EU Blocking Statute

    Guy Soussan

    In response to the reimposition of U.S. sanctions against Iran, the European Union has expanded the scope of its blocking statute to prohibit EU and multinational companies from complying with these sanctions. But the blocking statute does not apply if a decision to terminate business with Iran is for reasons unrelated to sanctions, which gives companies some flexibility, say attorneys with Steptoe & Johnson LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.