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Transportation

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

  • January 8, 2019

    Pa. Gov. Inks Order To Slash Agencies' GHG Emissions

    Pennsylvania Gov. Tom Wolf, acknowledging the state's role as a major energy provider and transportation hub, on Tuesday ordered the state government to reduce greenhouse gas emissions by 26 percent from 2005 levels by 2025.

  • January 8, 2019

    Auto Bearings Buyers Lose Class Cert Bid In Antitrust MDL

    The first certification ruling in long-running multidistrict litigation over auto part price-fixing came out a loss for bearings buyers, as a Michigan federal judge found Monday that the distributors pushing to lead the class have too small a stake in the multitiered and massive bearings market to represent thousands of players.

  • January 8, 2019

    Boston Mayor Seeks Increase In Ride-Share, Garage Fees

    Boston Mayor Marty Walsh said Tuesday that he would ask Massachusetts lawmakers to increase assessments on some ride-sharing trips, permit regional tax ballot initiatives and allow assessments on spaces at private parking garages.

  • January 8, 2019

    Pa. Justices To Mull PennDOT Worker's Facebook Post Firing

    The Pennsylvania Supreme Court on Tuesday agreed to consider whether an employee with the state’s Department of Transportation could be fired over a profane Facebook rant in which she complained about local school bus drivers and stated that she would “gladly smash into a school bus.”

  • January 8, 2019

    Climate Policy Will Be A Heavy Lift For New Calif. Gov.

    When Gavin Newsom became the 40th governor of California on Monday, he inherited arguably the most aggressive long-term plans to tackle climate change in the U.S., and Golden State watchers say his administration must clear several regulatory, legislative and practical hurdles to put those plans into action.

  • January 8, 2019

    Judge Skeptical Royal Caribbean Caused Passenger's Injuries

    A Florida judge declined Tuesday to rule on Royal Caribbean’s bid to end a suit accusing it of failing to get a passenger who was suffering a stroke necessary medical attention quickly enough, but she warned the plaintiffs that she’s not convinced the cruise line’s decisions are ultimately responsible for the man’s injuries.

  • January 8, 2019

    South Korean Actor Slams Tesla In Sudden-Acceleration Suit

    A South Korean musician and actor has pressed ahead with allegations that Tesla sold vehicles that suddenly accelerated without warning and hit the electric automaker with new claims of slander and defamation for suggesting he used his celebrity status to gain a payout, according to an amended complaint filed in California federal court Monday.

  • January 8, 2019

    Del. High Court Says Union Pacific Must Pay $5.7M In Cleanup

    The Delaware Supreme Court affirmed a $5.7 million award Monday in favor of Clean Harbors Inc. and against Union Pacific Corp. over an environmental cleanup at a Kansas waste facility, saying a potentially ambiguous jury verdict form was not, in the end, overly misleading.

  • January 8, 2019

    Ford Says Dealership Owners Owe $112M For Financing Fraud

    Ford Motor Credit Co. LLC has told a Texas federal judge it's entitled to more than $112 million from two West Texas dealership owners, saying it can show they covered up “what may be one of the largest floor-plan financing frauds in the history of the United States.”

  • January 8, 2019

    Takata Allows $53M Ch. 11 Claim To End Price-Fixing Suit

    Takata has agreed to carve out a $53.2 million unsecured claim in its Chapter 11 for a proposed class of car owners accusing the Japanese auto parts maker of conspiring with others to fix prices.

  • January 8, 2019

    Pa. Bus Driver Can Get Unemployment After Knife Incident

    A former Cambria County bus driver didn't violate her employer's rules against weapons in the workplace when she handled a knife in an employee lounge while talking to a human resources employee, a Pennsylvania appeals court ruled Tuesday.

  • January 8, 2019

    Seattle Paratransit Drivers Denied Cert. In Meal Break Suit

    A Washington federal judge has declined to certify a proposed class in a suit alleging two businesses that jointly provide paratransit service in the Seattle area denied hundreds of drivers rest and meal breaks required under state law.

  • January 8, 2019

    Tesla, Contractor Move To Dump Workers' Visa Fraud Suit

    Tesla Inc. and contractor Eisenmann Corp. urged a California federal judge on Monday to snuff out an amended False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging they participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant.

  • January 7, 2019

    Justices Won't Hear Fiat Chrysler Bid To Undo Hack Cert.

    The U.S. Supreme Court on Monday declined to hear Fiat Chrysler’s bid to swiftly challenge an Illinois district court’s certification of thousands of drivers claiming Jeep Cherokees were vulnerable to hacking, preserving a Seventh Circuit decision clearing the way for a multistate trial against the automaker.

  • January 7, 2019

    Ford Settles On Cellular-Connected Cars Amid FCC Debate

    Ford has decided that the future of technology that connects cars to each other lies in a cellular approach rather than the long-favored, radio wave-based one, a decision that could bode well for those pushing the Federal Communications Commission to repurpose the 5.9 GHz band of the spectrum for 5G use.

  • January 7, 2019

    Royal Caribbean Can't Dismiss Hurricane Harvey Cruise Suit

    A magistrate judge has recommended a Florida federal court deny Royal Caribbean's bid to dismiss a woman's latest complaint in her suit claiming it put passengers at risk by not canceling a cruise as Hurricane Harvey threatened Texas, saying the court has not forbidden her from adding additional plaintiffs.

  • January 7, 2019

    United Airlines Workers Say Short Military Leave Deserves Pay

    United Airlines Inc. and United Continental Holdings Inc. were hit with a proposed class action in Illinois federal court Monday alleging that they flouted a federal anti-discrimination law by not paying regular wages to workers who took short-term military leave or crediting that time toward a profit-sharing program.

  • January 7, 2019

    Judge Sends $20M Maritime Contract Dispute To Arbitration

    A Texas federal judge on Monday sent to arbitration in London a $19.9 million breach of contract suit Psara Energy Ltd. filed against the purported successor corporation of Space Shipping Ltd., rejecting Psara's pleas to keep the case in court.

  • January 7, 2019

    Supreme Court Won't Hear Delta, AirTran Bag Fee Dispute

    The U.S. Supreme Court has declined to review the claims of a gargantuan class of airline passengers accusing Delta Air Lines Inc. and AirTran Airways Inc. of conspiring to stick travelers with checked bag fees.

Expert Analysis

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 1

    Carolina Mederos

    With President Donald Trump and Democratic congressional leaders agreeing that transportation and infrastructure are high priorities, the next Congress is likely to consider a large-scale, broad infrastructure package. But the question of how to pay for it remains, say attorneys with Squire Patton Boggs LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • What The FAA Act Says About Phones, Seats And Liability

    Timothy Lynes

    The 2018 Federal Aviation Administration Reauthorization Act includes sections that prohibit in-flight mobile phone communication, immunize passive finance parties from state tort liability and address airline seat size standards. The latter section will likely lead to an extensive rule-making process, says Timothy Lynes of Katten Muchin Rosenman LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.