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Transportation

  • September 12, 2018

    Fiat Chrysler Aims To Nix Investors' Suit Over Ferrari Spinoff

    Fiat Chrysler Automobiles NV and Ferrari NV urged a California federal judge Tuesday to dump a securities fraud suit alleging the automakers misled investors about how they would be compensated in the 2015 spinoff of Ferrari, saying they clearly disclosed that terms of the spinoff transaction might change.

  • September 12, 2018

    Insurer Hits Boeing With Trade Secrets Suit Over Guarantees

    Xavian Insurance Company hit Boeing and its subsidiary Boeing Capital Corp. with a trade secrets lawsuit in Illinois federal court on Tuesday, accusing them of copying plans for an insurance-backed guarantee on financing for the purchase of commercial aircraft and launching their own.

  • September 12, 2018

    Norfolk Southern Can't Ditch Parts Of Worker Bias Suit

    Norfolk Southern Railway Co. can’t throw out the U.S. Equal Employment Opportunity Commission’s claims the company discriminated against employees and applicants who had undergone drug treatment or suffered cancer or arthritis just because those people haven't gone to the commission first, a Pennsylvania federal magistrate ruled Tuesday.

  • September 12, 2018

    3rd Circ. Backs Ambulance Co.'s Medicare Fraud Conviction

    The Third Circuit on Wednesday backed the convictions of a medical transport company and its owner for falsifying trip records in order to receive federal health care reimbursements, ruling that the documents at issue were material enough to influence Medicare’s decision-making authority.

  • September 12, 2018

    Wis. Revenue Dept. Says It Can Levy Taxes On Union Pacific

    The Wisconsin Department of Revenue argued Tuesday that the Railroad Revitalization and Regulatory Reform Act gives it the ability to demand $2.7 million in taxes and penalties from Union Pacific Railroad Co. for characterizing its computer software as intangible personal property, which is exempt from tax.

  • September 12, 2018

    Legal Group Backs Wash. Tribe In High Court Fuel Tax Row

    A nonprofit legal group serving Yakama Nation members urged the U.S. Supreme Court on Wednesday to find that a tribal fuel distributor isn’t subject to a Washington state fuel tax, saying the state caused its own difficulties with the tax by trying to find a way around the tribe’s treaty rights.

  • September 12, 2018

    Schneider Aims To Exit Truckers' Wage-Fixing Class Action

    Schneider National Inc. has asked a California federal court to toss a proposed class action brought by a group of truck drivers who accused the company of conspiring to restrain competition in an attempt to suppress wages in California, arguing the company has no connection to the state.

  • September 12, 2018

    Mo. Duck Boat Operators Slam AG's Suit Over 17 Deaths

    The operators of the amphibious "duck boat" that sank in a Missouri lake, killing 17 tourists, asked a federal court to throw out the state attorney general's unfair practices lawsuit against them, arguing that the suit ignores their strenuous efforts to protect individuals' safety.

  • September 12, 2018

    Delta, Southwest Can't Get Quick Wins In Gate Access Row

    A Texas federal judge on Wednesday summarily rejected competing bids from Southwest Airlines Co. and Delta Air Lines Inc. to at least partially end a multi-faceted dispute over gate use at Dallas’ Love Field airport.

  • September 12, 2018

    ITC To Probe Whether Indian Cars Copy Fiat's Jeep Design

    The U.S. International Trade Commission said Tuesday that it launched an investigation into whether India-based Mahindra's imported cars rip off the design of Jeep-brand vehicles, disregarding claims from Mahindra that Fiat Chrysler Automobiles breached a contract by asserting the trademark claims before the agency.

  • September 12, 2018

    United Technologies Settles SEC's FCPA Claims For $14M

    United Technologies Corp. agreed Wednesday to pay $13.9 million to settle the U.S. Securities and Exchange Commission's Foreign Corrupt Practices Act allegations that its elevator and aircraft engine businesses bribed foreign officials to win business.

  • September 12, 2018

    Maritime Industry Challenges To Watch: Part 1

    The maritime shipping industry is watching a bevy of new trade policy developments and environmental regulations intended to promote fair trade or curb emissions, but which may end up increasing the business challenges for importers, exporters, freight carriers and port operators. Here, Law360 highlights key challenges facing the sector, in the first of two parts.

  • September 11, 2018

    3rd Circ. Nixes 'Speculative' Cost Allocation In Cleanup Suit

    The Third Circuit on Tuesday upended a ruling that Greenlease Holding Co. is responsible for 62 percent of the environmental cleanup costs at a former railcar manufacturing site in a lawsuit by Trinity Industries Inc., finding a Pennsylvania federal judge used a flawed and "speculative" methodology in allocating those expenses between the two companies.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    9th Circ. Truckers Ruling Drives Home Limits Of Preemption

    The Ninth Circuit’s recent finding that federal law does not preempt California’s standard for determining whether workers are employees or independent contractors throws another roadblock in the trucking industry’s efforts to sidestep state labor regulations that it claims interfere with interstate transport, experts say.

  • September 11, 2018

    9th Circ. Backs Calif.’s Trucking Independent Contractor Test

    The California Trucking Association lost its bid to stop California's labor commissioner from using a state common law standard to determine whether drivers are properly classified as independent contractors when the Ninth Circuit ruled Monday that the standard wasn’t preempted by federal law because it didn’t relate to prices, routes or services.

  • September 11, 2018

    Panama Hires Foley Hoag To Handle Canal Cost Arbitration

    Panama has enlisted the help of Foley Hoag LLP to defend it from arbitration initiated by the Spanish construction company Sacyr SA regarding cost overruns incurred during a project to broaden the Panama Canal, Law360 learned on Tuesday.

  • September 11, 2018

    Lydecker Diaz Opens First Permanent Office In NJ

    Lydecker Diaz has opened its first permanent office in New Jersey as the Miami-based national firm expands its footprint in the Garden State with a dozen attorneys focused on employment cases and complex commercial litigation, among other matters.

  • September 11, 2018

    PTAB Guts Subway TV System Patent In Kawasaki Challenge

    The Patent Trial and Appeal Board delivered a win to Kawasaki Rail Car Inc. on Monday, invalidating much of what remained in a patent the company has been accused of infringing with rail cars made for New York City subway and New Jersey transit systems.

  • September 11, 2018

    Deals Rumor Mill: GIC, Deutsche-Commerzbank, Yum China

    Singapore’s sovereign wealth fund is reportedly eyeing General Electric’s plane-leasing business, Deutsche Bank and Commerzbank executives are growing on the idea of merging, and a group of investors is going to scrap a bid to take over Yum China Holdings.

Expert Analysis

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Sidewalks: The Next Mobility Frontier

    Michele Satterlund

    Sidewalks are an increasingly integral part of how people and goods are transported. While some jurisdictions are banning certain technologies from their sidewalks, others are recognizing the importance of expanding mobility options, says Michele Satterlund, an attorney with McGuireWoods LLP and lobbyist with McGuireWoods Consulting.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • NY Offshore Wind Plan Spotlights Jones Act Compliance

    Charlie Papavizas

    Last month, New York Gov. Andrew Cuomo announced an ambitious offshore wind power plan. But to succeed, the plan must comply with the many restrictions of the Jones Act, a federal law that reserves U.S. domestic maritime trade to U.S.-built vessels owned and operated by Americans, says Charlie Papavizas of Winston & Strawn LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • State Tax In The Aviation Industry — Midyear Update

    David Dorner

    In this article, David Dorner and Brent Beissel of Reed Smith LLP focus on some noteworthy sales and use tax law changes, cases, rulings and secondary legal guidance, as well as review a newly filed New Jersey corporate income tax case involving transfer pricing adjustments to the payments under an intercompany aircraft lease.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • New Agency Insights On Independent Contractors

    Jeffrey Winchester

    While a recent bulletin from the U.S. Department of Labor and a decision from the New York State Unemployment Insurance Appeal Board are of limited, if any, precedential value in the court system, companies would be well-advised to keep in mind the factors outlined in both when addressing questions related to independent contractors and the employer-employee relationship, says Jeffrey Winchester of Fisher Phillips.