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Transportation

  • October 11, 2018

    Airline Contractor Sues Supplier Over Banned Hand Sanitizer

    Airline amenities provider Linstol USA LLC sued a hand sanitizer maker Thursday in Florida federal court for allegedly failing to tell Linstol of a U.S. Food and Drug Administration ban on the product, which Linstol says cost the company its contract with United Airlines.

  • October 11, 2018

    In High Court Row, BNSF Says Damages To Ex-Worker Taxable

    BNSF Railway Co. told the U.S. Supreme Court on Wednesday that compensation for a former employee’s lost time following a workplace injury is taxable under a railroad retirement law, responding to the worker’s assertion that it isn’t taxable because no work was actually done to receive the payment.

  • October 11, 2018

    Deals Rumor Mill: Swissport, Kimberly-Clark, NEC Group

    Airport services company Swissport could be worth more than $3 billion in a sale, multiple suitors are vying for Kimberly-Clark’s multibillion-dollar European tissue business, and Blackstone is nearing a deal to buy Britain-based NEC Group.

  • October 11, 2018

    Fiat Chrysler Asks Justices To Review Car-Hacking Cert. Order

    Fiat Chrysler has asked the U.S. Supreme Court to allow it to immediately appeal an Illinois district court’s certification of drivers claiming Jeep Cherokees were vulnerable to hacking, saying the Seventh Circuit ignored “manifest errors” in the class certification order that cleared the way for a multistate trial.

  • October 11, 2018

    Uber Aims To Dump Drivers' FLSA Suit Over On-App Time

    Uber Technologies Inc. urged a Texas federal court Wednesday to dump a Fair Labor Standards Act collective action alleging the ride-hailing giant misclassified drivers as independent contractors to cheat them out of compensation for all the time they spent logged into the app waiting for rides.

  • October 10, 2018

    Car Fees Alone Can't Pave Road To Full Infrastructure Funds

    As more states turn to fees on hybrid and electric cars to boost infrastructure funds that gasoline taxes woefully strain to fill, the current low market share of such vehicles means they are unlikely to be a cure-all for present-day revenue shortfalls.

  • October 10, 2018

    Justices Focus Mostly On Tort Issues In Sailors' Asbestos Suit

    The U.S. Supreme Court on Wednesday heard arguments in a suit over whether naval equipment manufacturers are liable for injuries caused by asbestos-containing parts added after their products are made, with the justices focusing on if those manufacturers should warn about foreseeable asbestos-related injuries caused by others, not on maritime law's protections for sailors.

  • October 10, 2018

    3 Takeaways From DOT's New Automated Vehicles Policy

    The U.S. Department of Transportation’s newly updated policy on self-driving or autonomous cars eases the rules for development while also paving the way for upgrading infrastructure and integrating the new technology with other modes of transportation, experts say. Here, Law360 examines a few takeaways from the Automated Vehicles 3.0 guidance.

  • October 10, 2018

    SkyWest, Worker Cut $2.45M Jury Award To Fit ADA Cap

    SkyWest Airlines Inc. and an ex-worker who claimed the company didn’t accommodate his kidney disease asked a Colorado federal judge Wednesday to slash a $2.45 million jury award to fit the Americans with Disabilities Act’s statutory maximum.

  • October 10, 2018

    NHTSA Says Rating Doesn't Back Tesla's 'Safest Car' Claim

    Following claims by Tesla Inc. that its Model 3 has the lowest risk of crash injuries of any car tested by the U.S. National Highway Traffic Safety Administration, the agency has said that its safety rating system does not work that way.

  • October 10, 2018

    Expert’s Noncompliance Dooms Appeal Of $1.5M Crash Award

    An Illinois appeals court has affirmed a jury’s award of $1.5 million in a suit accusing a transportation company truck driver of negligently rear-ending a woman’s vehicle causing various injuries, saying the company’s expert witness was properly excluded because he “continuously and systematically disregarded” the court’s discovery orders.

  • October 10, 2018

    12 Firms Vying To Lead 9 Tesla Take-Private Tweet Suits

    Twelve law firms submitted bids in California federal court on Tuesday asking that nine securities class actions — filed against Tesla Inc. and CEO Elon Musk over his tweets about taking the company private — be consolidated and to be appointed as lead counsel.

  • October 10, 2018

    Sunoco Wants Pa. Pipeline Damage Class Action Trimmed

    Sunoco Logistics Partners on Tuesday urged a Pennsylvania federal judge to trim a proposed class action claiming that construction of its controversial Mariner East 2 pipeline caused significant property damage and left homeowners at risk of possible catastrophic explosion.

  • October 10, 2018

    Bosch Says Conspiracy Claims In Emissions Suit Groundless

    A consolidated class action against BMW of North America LLC and Robert Bosch LLC accusing them of designing emissions systems that eluded test standards ultimately fails because it never establishes a conspiracy between the two companies, Bosch argued in a brief filed Tuesday in New Jersey federal court.

  • October 10, 2018

    American Airlines Workers Push For Class Cert. In ERISA Row

    Participants in an American Airlines retirement plan on Tuesday responded to a Texas federal judge’s concerns about their bid to certify a class of more than 20,000 members, saying that their Employee Retirement Income Security Act suit simply seeks to recover plan losses that resulted from the carrier’s alleged fiduciary breaches.  

  • October 10, 2018

    Delta Likely To Evade $1M Suit Over Terminal Detention

    A $1 million suit brought by a noted Massachusetts doctor against Delta Airlines Inc. over his alleged false imprisonment in a London terminal is likely headed for dismissal, a federal judge said Wednesday, despite a stern warning from the doctor’s lawyer that tossing the case could pave the way for an airline “police state” on American soil.

  • October 10, 2018

    One Aviation Hits Ch. 11 In Delaware With $198M In Debt

    Aircraft manufacturer One Aviation Corp. filed for Chapter 11 in Delaware late Tuesday with roughly $198 million in debt and a proposed restructuring support agreement in place for a planned debt-for-equity swap.

  • October 9, 2018

    DOT Aims To Dump Fla. Counties' Bid To Bar $1.15B Rail Line

    The federal government has urged a D.C. federal court to dump two Florida counties' suit seeking to block the second phase of the Brightline passenger rail project that would connect Miami to Orlando, arguing the court has already rejected the counties' arguments in previous litigation.

  • October 9, 2018

    OK To Have Electric Car Credit Repeal In Larger Deal: Senator

    A leading Republican senator who introduced legislation Tuesday that would repeal the tax credit for electric vehicle consumers is open to having that bill included in a larger tax-oriented deal that could come up later this year.

  • October 9, 2018

    Ampal Reaches $150M Deal To Resolve Gas Row With Egypt

    Bankrupt Ampal-American Israel Corp. has reached a $150 million deal to resolve several arbitrations involving Egypt and two state-owned oil and gas companies — one of which resulted in a $1.033 billion arbitral award against Egypt — stemming from a terminated natural gas deal, according to documents filed in New York bankruptcy court.

Expert Analysis

  • A Look At OIG's Medicare Exclusion Analysis Under FCA

    David Blank

    A U.S. Department of Health and Human Services administrative law judge recently upheld a ruling from the Office of Inspector General against BestCare and its CEO based on submissions of false claims to Medicare for mileage reimbursement. The decision is notable as it’s the first of its kind since 2011, says David Blank of Quarles & Brady LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • Insurance In The Age Of Vehicle Autonomy And Ride-Sharing

    Robert Campedel

    Programs involving the use of autonomous vehicles by parties other than direct owners, such as ride-share, peer-to-peer, and leasing and rental programs, create new insurance issues for manufacturers, owners, lessors and users of autonomous vehicles, says Robert Campedel of Eckert Seamans Cherin & Mellott LLC.

  • Good Fortune Shipping And The Withdrawn Altera Opinion

    Patrick Smith

    In the weeks since the Ninth Circuit and D.C. Circuit issued conflicting opinions in challenges to the validity of tax regulations, other developments have undercut the impact of the Ninth Circuit's Altera opinion. Meanwhile, the Good Fortune Shipping opinion's application of the reasoned decision-making standard provides a welcome addition to the body of case law, says Patrick Smith of Ivins Phillips & Barker Chtd.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.

  • 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.