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Transportation

  • June 6, 2018

    Ex-Amtrak Worker Says Railway Caused His Cancer

    A former Amtrak tunnel worker has filed suit in New York state court alleging that cancer-causing chemicals he inhaled while working for the railway from 1976 to 1982 have resulted in him developing lung cancer that has spread to his brain.

  • June 6, 2018

    7th Circ. Knocks Down Bid To Kill Wis. Highway Project

    The Seventh Circuit on Tuesday rejected a challenge to a Wisconsin highway upgrade by environmental groups who claimed its impact was not properly analyzed, saying a 141-page report was sufficient to show it wouldn't have a significant impact and was properly exempted from further study.

  • June 6, 2018

    VW Escapes Illinois' $1B Suit Over Emissions Scandal

    An Illinois state judge on Tuesday tossed a lawsuit brought by the state of Illinois seeking more than $1 billion from Volkswagen AG for installing devices and software that cheated emissions tests, finding that the state claims are preempted by the federal Clean Air Act.

  • June 6, 2018

    Faulty-Engine Suit Against Hyundai, Kia In Ill. Sent To Calif.

    An Illinois federal judge on Tuesday granted a request from the parties in a proposed class action against Hyundai and Kia over certain allegedly defective engines to send their case to California, where similar claims are being litigated.

  • June 6, 2018

    Auto Safety Groups Lose Bid To Force DOT Seat Belt Rule

    The D.C. Circuit on Tuesday rejected a bid by auto safety groups to force the U.S. Department of Transportation to immediately publish a proposed safety standard requiring automobile warnings when backseat passengers don't buckle up.

  • June 6, 2018

    WTO Airbus Row Trudges On As EU Seeks Compliance Ruling

    A 14-year battle over the European Union’s subsidies to plane maker Airbus is set for yet another round of arbitration Wednesday as the EU asked for a World Trade Organization panel to confirm that it has withdrawn the illegal subsidies faulted by earlier rulings.

  • June 6, 2018

    EU Retaliatory Duties On US Goods Slated To Hit In July

    The European Union announced Wednesday that its duties on more than $3 billion worth of U.S. goods will take effect in July as Brussels retaliates against the Trump administration’s steel and aluminum restrictions with a 25 percent levy on U.S. metals, vehicles, food products and scores of other items.

  • June 5, 2018

    Feds Urge 8th Circ. To Uphold $11M Superfund Judgment

    The federal government on Monday urged the Eighth Circuit not to overturn an $11 million judgment against two Titan International Inc. units for selling polychlorinated biphenyl-contaminated buildings in an effort to dodge their environmental responsibilities.

  • June 5, 2018

    Auto Co. Worker Can't Carry PAGA Wage Claim Solo: Judge

    A California federal judge on Tuesday granted O’Reilly Auto Enterprises LLC's bid for partial summary judgment on an employee’s Private Attorneys General Act claim, finding her proposed wage-and-hour class action suit did not offer any evidence that O’Reilly violated state labor codes with respect to other workers.

  • June 5, 2018

    White House Tinkers With Spending Pullback Plan

    The White House picked at the edges of Congress' proposed spending cuts Tuesday, making some changes to, but mostly standing by, a plan to pull back $15 billion in already authorized spending for health care, car technology research and other areas.

  • June 5, 2018

    DOT Rule Opens Transit Projects To More Private Funding

    The U.S. Department of Transportation has finalized a rule that will help the federal government tap into more private investment opportunities for public transit projects, saying Tuesday that the rule is aimed at cutting red tape and incorporating innovative financing tools.

  • June 5, 2018

    Autobahn Defends $1.6M Settlement In Auto Parts Suit

    While confident it would prevail at trial, Autobahn Inc. told a California federal judge Monday that a $1.6 million settlement reached last month would be a cheaper and preferable outcome for both the company and the group of drivers alleging it misled them into believing it used genuine Mercedes parts to repair their vehicles.

  • June 5, 2018

    NY Agencies Look To Trim Suit Over L Train Shutdown Plans

    The Metropolitan Transportation Authority, New York City Transit Authority, Federal Transportation Administration and New York City Department of Transportation pushed Monday to trim a suit claiming plans to shut down the Canarsie Tunnel for repairs and halt L train service between Manhattan and Brooklyn flout environmental and disability rights laws.

  • June 5, 2018

    Harm Of Trump's '2-For-1' Order Is Clear, Challengers Say

    Public interest groups asked a D.C. federal court Monday to agree that they had standing to challenge President Donald Trump's executive order that two federal regulations have to be repealed for each new one, citing several examples they said showed the policy's harm and arbitrary nature.

  • June 5, 2018

    Uber Says High Court's Waiver Ruling Dooms Driver Class

    The Ninth Circuit should dissolve a class of hundreds of thousands of current and former Uber drivers who allege they were misclassified as independent contractors and denied fair wages, Uber told the appeals court Monday in the wake of the U.S. Supreme Court’s recent ruling allowing class action waivers.

  • June 5, 2018

    1st Circ. Mulls Creditors' Role In Puerto Rico Recovery

    The First Circuit on Tuesday questioned whether a group of bondholders can step in and influence the actions of Puerto Rico's struggling public entities, during a morning of arguments before the appellate panel centering on the island commonwealth's historic restructuring.

  • June 4, 2018

    NZ Baggage Company Can’t Alter Earn-Out In Merger Fight

    The U.S. arm of a German company that makes baggage handling systems for airports escaped part of a contract fight on Monday initiated by a New Zealand competitor over the $6 million sale of its U.S. operations, with a vice chancellor in Delaware finding certain dates in the acquisition agreement should not be altered to reflect when the deal closed.

  • June 4, 2018

    Fla. DOT’s No-Bid Patent Deal Gets Nod From Appeals Court

    A Florida Department of Transportation contract to use a company's patent for cashless toll systems did not trigger a competitive bidding requirement, a state appeals court said Monday, denying a rival traffic technology company's challenge to the deal.

  • June 4, 2018

    Toyo Fights Chinese Tire Co.'s Quick Win Bid In IP Row

    Toyo Tire & Rubber Co. Ltd. urged a California federal court on Monday to deny a Chinese tire maker’s bid for an early win in a suit asserting that the Chinese rival had falsely claimed it did not make the tires at issue in a trade dress infringement dispute, arguing that the Chinese tire maker’s arguments were “at odds” with the evidence.

  • June 4, 2018

    North Carolina Bridge's Approval Survives NEPA Challenge

    A federal judge on Monday held that the North Carolina Department of Transportation and the Federal Highway Administration complied with the National Environmental Policy Act and other federal laws when approving a bridge in the Outer Banks, despite assertions to the contrary by a nonprofit group that opposes its construction.

Expert Analysis

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Is A FERC Pipeline Policy Reset Coming?

    Cynthia Taub

    The Federal Energy Regulatory Commission recently initiated a review of its 1999 certificate policy statement, which many landowners, environmentalists and others have argued excessively favors approval of natural gas infrastructure. However, a review does not necessarily signal a preference by the commission to change its existing policy, say attorneys with Steptoe & Johnson LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • National Security Concerns May Prevail In Travel Ban Case

    Jeffrey Gorsky

    U.S. Supreme Court oral arguments Wednesday in Trump v. Hawaii seemed to split along traditional liberal-conservative lines, but the court’s ultimate decision may come down to questions regarding national security, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • What’s Next For GHG And Fuel Economy Regulation?

    Jackie Glassman

    While the U.S. Environmental Protection Agency's recent announcement that it will reconsider Obama-era automobile greenhouse gas emissions standards is generating controversy, it was not unexpected, say Jackie Glassman and Rachel Tennis of King & Spalding LLP.

  • The 4 Travel Ban Questions Before The High Court

    Paul Virtue

    The U.S. Supreme Court will soon hear arguments in Trump v. Hawaii, the challenge by the state of Hawaii to President Donald Trump's so-called travel ban. The court agreed to review three questions raised in the government’s petition for writ of certiorari and a fourth question addressed by two lower courts, say attorneys with Mayer Brown LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Aviation Watch: The Rise Of The Dreamliner

    Alan Hoffman

    The 787 Dreamliner's lithium batteries experienced multiple thermal runaway events soon after the plane went into service. But the manufacturer, the FAA, the NTSB and the airlines worked together to quickly and effectively solve the problem. Five years later, the 787 has compiled an admirable operational record, and Boeing continues to receive new orders, says Alan Hoffman, a retired attorney and private pilot.

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.