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  • 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.

  • October 9, 2018

    Uber, Drivers' $345K Pay Deal Receives First OK

    A California federal judge on Tuesday tentatively signed off on a nearly $350,000 deal in a class action claiming Uber denied drivers their fair share of riders' payments after the parties tweaked a claims release.

  • October 9, 2018

    Family Of Deceased Trucker Can Sue Missouri Co. In Mass.

    A federal judge subjected Missouri-based New Prime Inc. to Massachusetts’ long-arm statute Tuesday, ensuring the company must face a lawsuit in Massachusetts from the family of a truck driver who was killed after his instructor drove them into another vehicle.

  • October 9, 2018

    ND Tribal Landowners Hit Texas Oil Cos. With Pipeline Suit

    Landowning members of the Three Affiliated Tribes hit a group of Texas oil companies with a proposed class action in federal court, alleging the companies have been operating an oil pipeline across their North Dakota reservation lands without getting the landowners’ permission.

  • October 9, 2018

    MoFo Guides Parking Facility REIT On $100M IPO

    Vehicle parking-focused real estate investment trust Parking REIT unveiled a $100 million initial public offering Tuesday guided by Morrison & Foerster LLP, as the company looks to pay off debts and expand an existing network of parking facilities across the U.S.

  • October 9, 2018

    Fiat Chrysler Can't Toss Car-Hacking Row Over Jurisdiction

    It’s too late for Fiat Chrysler to challenge an Illinois federal court's jurisdiction over Michigan and Missouri drivers who say their Jeeps were vulnerable to hacking, a judge ruled Tuesday.

  • October 9, 2018

    NJ Aims To Sink Trucking Co.'s Worker Classification Suit

    New Jersey’s labor commissioner has asked a federal judge to toss a trucking company’s lawsuit alleging the state’s employee classification law led to an unfair unemployment contribution burden, or at least to put the brakes on it pending an upcoming Third Circuit ruling addressing the same preemption argument the company raised.

Expert Analysis

  • 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.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Updated Rules Needed For Integrating Drones Into Airspace

    Robert Howard

    The D.C. Circuit recently denied a challenge to the Federal Aviation Administration’s regulatory regime governing drones. But hearings on Capitol Hill this summer highlighted the rule changes that must be made before the economic value of the drone industry can be fully realized, say attorneys with Latham & Watkins LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.