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Transportation

  • August 13, 2018

    9th Circ. Affirms $5M Ferry Crash Award Clearing Boat Owner

    The Ninth Circuit has effectively affirmed a $5.2 million jury award in a suit accusing a San Francisco Bay passenger ferry of negligently colliding with a recreational speedboat, saying the boat’s owner was merely a passenger and can’t be blamed for allegedly failing to keep a proper lookout.

  • August 13, 2018

    2 Classes Cut From Dassault Overtime Collective Action

    An Arkansas federal judge on Monday trimmed two of three classes from a collective action accusing a Dassault Aviation business jet unit of wrongly classifying workers as overtime exempt, finding that the circumstances of those workers weren’t similar enough to justify moving forward collectively.

  • August 13, 2018

    Philippines' Watchdog Wins Grab Commitments For Uber Deal

    The competition enforcer for the Philippines said Friday that it has reached an agreement with Grab Inc. that will preserve competition for ride-hailing services in the country after Grab took over Uber Technologies Inc.’s Southeast Asia operations earlier this year.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Enviros To Fight FERC's PennEast Pipeline Approval In Court

    Environmental groups on Monday said they plan to challenge the Federal Energy Regulatory Commission's approval of the planned $1 billion PennEast gas pipeline, claiming the agency failed to show a need for the project and didn’t consider its potential climate change impacts.

  • August 13, 2018

    11th Circ. Tosses Atty Sanction In Trucking Co. OT Case

    The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.

  • August 13, 2018

    Mitsubishi, Hitachi To Pay $23M In Parts Price-Fixing MDL

    Hitachi Automotive Systems Ltd. and Mitsubishi Electric Corporation have agreed to pay more than $23 million combined to settle allegations in Michigan federal court that they participated in a wide-ranging global conspiracy to fix prices on automotive parts.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Jeep Buyers Can't Revive Fuel Tank Suit, 8th Circ. Rules

    The Eighth Circuit on Friday refused to revive a proposed class action alleging Fiat Chrysler misrepresented the safety of certain Jeep vehicles with fuel tanks that supposedly posed a fire risk, saying the man who brought the suit wasn't necessarily aware of the statements at issue when he purchased his Jeep.

  • August 10, 2018

    Business Groups Take Up Fight To Amend Calif. Privacy Law

    More than three dozen business groups from the tech, retail, health, banking and other sectors are pushing California lawmakers working on making "technical" changes to a hastily enacted landmark privacy law to address some of the more "unworkable" aspects of the statute and to extend the compliance deadline. 

  • August 10, 2018

    Investor Hits Tesla, Musk With Fraud Claims Over Tweet

    An investor hit Tesla Inc. and its founder Elon Musk with a proposed securities fraud class action in California federal court, claiming they tried to pump up stock prices by proclaiming plans to take the company private — without having the more than $71 billion privatizing would require.

  • August 10, 2018

    Entire Mass. Earned Sick Time Law Is Preempted, Court Rules

    A Massachusetts federal judge ruled Friday that the state’s entire Earned Sick Time Law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, expanding an appellate court’s ruling that found only one section covering just a worker’s own sick leave was preempted.

  • August 10, 2018

    Crash Victims Slam Bid To Ax Pa. Justice From Immunity Case

    Two women challenging sovereign immunity principles as they seek damages after being struck by transit agency buses are urging a Pennsylvania Supreme Court justice not to recuse himself from their cases because of criticism he lobbed before taking the bench at a ruling upholding limits on awards against governmental entities.

  • August 10, 2018

    Texas DMV Gets Fee Collection Suit Partly Overturned

    The Texas Department of Motor Vehicles persuaded the state court of appeals on Friday to reverse in part a trial court judgment over whether the department had the authority to cap vehicle and permit fees charged by third-party tax collectors.

  • August 10, 2018

    UAE Firm Targets Armenia Over Nixed Railway, Road Deal

    A division of the United Arab Emirates investment firm Rasia Group and its U.S. owner have hit Armenia with an investor-state claim over reneged exclusive concessions to construct a railway and high-speed road in the country, according to documents obtained by Law360 on Friday.

  • August 10, 2018

    Insurer Sues To Block $10M-Plus CSX Faulty Concrete Claims

    Phoenix Insurance Co. launched a federal lawsuit Friday in a bid to shield itself from a more than $10 million claim for allegedly faulty concrete at CSXI’s intermodal rail complex in Worcester, Massachusetts, saying its policy with a contractor involved carries exclusions for some damage or repairs.

  • August 10, 2018

    American Airlines Stalling ERISA Class Cert. Fight: Workers

    Participants in an American Airlines retirement plan have urged a Texas federal judge to reject the airline’s request to file another response in briefing over class certification in their Employee Retirement Income Security Act suit, calling the motion “a last-ditch effort to burden the court with more paper.”

  • August 10, 2018

    Pittsburgh Airport Wants Carrier To Return Grant Money

    Startup airline OneJet reduced its flights from Pittsburgh in violation of a $1 million grant that Pittsburgh International Airport awarded the carrier in 2016, the airport alleged in a lawsuit filed Friday.

  • August 10, 2018

    Workers Fight To Keep Visa Fraud Suit Against Tesla

    A pair of workers on Friday defended their False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging that Tesla Inc., its contractor Eisenmann Corp., and others knowingly participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant and other automakers’ job sites.

Expert Analysis

  • Aviation Watch: The Regional Jet Wars Heat Up

    Alan Hoffman

    The business of building and selling regional jet airliners has become an all-out battleground, with Boeing, Embraer, Bombardier, Airbus and Mitsubishi fighting for contracts worth billions of dollars and tens of thousands of jobs. The Trump administration's aggressive trade policies have added more uncertainty to the mix, says retired attorney and private pilot Alan Hoffman.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Distracted Driving Laws And How Employers Should Respond

    Alison Loy

    A few weeks ago, Georgia became the 16th state to ban the use of a handheld cellphone while driving. These laws bring considerations for employers, who can be held liable for accidents caused by employees acting within the scope of their employment when the accident occurred, say Alison Loy and Marilyn Fish of Bryan Cave Leighton Paisner LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    Buying Military Innovation: P3s Are Not The Best Approach

    Daniel Schoeni

    Experts debate the best strategy for the U.S. Department of Defense's technological leap forward. Options include public-private partnerships and open systems architecture. Innovation is best served by the latter, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.