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Transportation

  • July 31, 2018

    Amazon Gets Driver Misclassification Suit Trimmed, For Now

    A California federal judge on Monday trimmed a putative class action alleging Amazon.com and a delivery contractor misclassified drivers as independent contractors to deny them proper hourly wages and meal and rest breaks, giving the drivers another shot at fixing their “vague” claims.

  • July 31, 2018

    Tesla Hit With Defamation Counterclaim In 'Saboteur' Suit

    The former Tesla employee accused of stealing confidential company data and trade secrets and siphoning them to third parties countersued the automaker for defamation and invasion of privacy on Tuesday, claiming he’s been falsely labeled a saboteur and is owed at least $1 million in damages.

  • July 31, 2018

    Retired UPS Workers File Suit Over Pension Cuts

    Three retired UPS employees filed a putative class action in Federal Claims court against the federal government on Tuesday, demanding fair compensation for the Treasury Department’s approval of an allegedly improper reduction in their vested pension benefits affecting a proposed class of approximately 21,000.

  • July 31, 2018

    Cummins To Recall 500K Trucks Over Faulty Emissions

    Trucking giant Cummins Inc. will recall about 500,000 medium- and heavy-duty trucks whose faulty emissions control systems spew too much nitrogen oxides, the U.S. Environmental Protection Agency and the California Air Resources Board said Tuesday.

  • July 31, 2018

    TSA Tracking Program Inspires Ire From Groups, Lawmakers

    Advocacy groups and lawmakers spoke out on Monday about a secret Transportation Security Administration passenger tracking program that came to light in a recent Boston Globe story, saying the surveillance efforts raise serious privacy and constitutional concerns.

  • July 31, 2018

    British Trucking Group Lodges £30B Class Action Over Cartel

    A trade association of United Kingdom truckers on Tuesday said it's the best candidate to represent hundreds of thousands of drivers bilked by producers in a price-fixing cartel and suggested consumers collectively could reap £30 billion ($39.37 billion).

  • July 31, 2018

    Travers Smith Guides PE Firm's $186M Vehicle Rental Biz Buy

    Mid-market private equity firm Bowmark Capital LLP said on Tuesday that it has sold Nexus Vehicle Rental to Phoenix Equity Partners for £142 million ($186.4 million), in a deal that was guided by Travers Smith LLP.

  • July 31, 2018

    Navistar Competitors Want EPA Docs Kept From Ex-CEO

    Caterpillar Inc., Deere & Co. and other manufacturers urged an Illinois federal judge on Monday not to allow the disclosure of their compliance records with the Clean Air Act in the U.S. Securities and Exchange Commission’s lawsuit against Navistar International Corp.’s former CEO, saying those documents contain trade secrets.

  • July 31, 2018

    United Beats Employees' Biometrics Class Action

    An Illinois federal judge on Tuesday dismissed claims against United Airlines Inc. brought by a proposed class of employees under the Illinois Biometric Information Privacy Act, saying the claims are preempted by a collective bargaining agreement and don’t go beyond a surface-level statutory violation.

  • July 31, 2018

    Ore. Farm Co. Let Out Of Suit Over Texas Truck Driver’s Death

    A Texas appeals panel on Tuesday dismissed an Oregon farm store company from a wrongful death suit filed by the family of a truck driver killed by falling cargo while unloading a shipment at the company's facility, finding there are not enough legally pertinent connections between the company and Texas for it to face claims there.

  • July 30, 2018

    Uber Dodges Rider’s Suit Over Driver Assault, For Now

    A Pennsylvania federal judge has dismissed a New Jersey man's suit alleging Uber is liable for hiring a driver who assaulted him over a ride dispute and left him “for dead,” but the judge gave the rider a chance to amend his claims against the ride-hailing giant.

  • July 30, 2018

    UPS Freight CBA Discriminates Against Disabled Drivers

    UPS Ground Freight Inc. discriminated against medically disqualified drivers by paying them less than those who are disqualified due to convictions for driving while intoxicated, a Kansas federal judge said Friday, granting a permanent injunction requested by the Equal Employment Opportunity Commission.

  • July 30, 2018

    Southwest, Loews Latest Sued Under Ill. Biometric Law

    Southwest Airlines Co. and Loews Chicago Hotel Inc. have become the latest of several companies to face claims that they violated Illinois’ Biometric Information Privacy Act, according to two proposed class actions filed in Cook County court alleging that the companies’ employee fingerprinting policy exposes workers to hacks.

  • July 30, 2018

    ​​​​9th Circ. Hyundai Kia Rethink May Give Class Deals Clarity

    The full Ninth Circuit may upend a panel's ruling that courts must weigh varying state consumer protection laws before certifying nationwide class action settlements when it rehears the Hyundai Kia case this fall, offering much-needed clarity on what attorneys overwhelmingly described as an unworkable standard for class actions.

  • July 30, 2018

    Artist Blasts Pittsburgh, Norfolk Southern Over Mural Loss

    A Pennsylvania mural artist slammed the city of Pittsburgh, several property owners and developers in his effort to keep Norfolk Southern Railway Co. involved in his claim that dozens of his projects around the city were destroyed by being painted over or through redevelopment in violation of the Visual Artists Rights Act.

  • July 30, 2018

    Big Oil Says Wash. County Climate Suit Has No Place In Court

    Five global oil giants urged a federal judge Friday to spike a lawsuit in which the county home to Seattle seeks to hold them accountable for climate change-related infrastructure damages, arguing that such claims do not belong in a courtroom, as other judges have recently concluded in similar disputes.

  • July 30, 2018

    Drowning Victims' Kin File $100M Suit Over Duck Boat Sinking

    Family members of two people who died when a tourist boat sank in a Missouri lake and claimed 17 lives filed a $100 million lawsuit Sunday, saying the amphibious "duck boat" was dangerously designed and that the boat’s operator ignored a severe storm warning. 

  • July 30, 2018

    FERC Seeks Denial Of Enviro Bid To Block $3.5B Pipeline

    The Federal Energy Regulatory Commission on Friday told the D.C. Circuit to reject an environmentalist group's bid to halt construction of the $3.5 billion Mountain Valley gas pipeline, arguing that the group's concerns were already addressed in the environmental impact statement.

  • July 30, 2018

    Texas Court Revives Suit Over Trucker's Accident Death

    A Texas appellate panel has partially revived claims by the family of an oil field truck driver that excessive on-the-road hours imposed by his company led to fatigue that caused him to fatally crash on the job.

  • July 30, 2018

    Mesa Air Group Leads 2 IPOs Totaling $268M

    U.S. air carrier Mesa Air Group Inc. and New York-based Amalgamated Bank launched initial public offerings Monday worth a combined $268 million at midpoint.

Expert Analysis

  • Right Of Way And Property Rights In A Driverless World

    Michelle Rudd

    With much land in today's cities currently designated right of way, broad use of autonomous vehicles may provide opportunities to repurpose some of this property. But first, decision-makers will need to understand the nature of the ownership interests in the property, says Michelle Rudd of Stoel Rives LLP.

  • Defining A Shareholder's Bankruptcy Veto Power

    Sarah Borders

    The Fifth Circuit's recent decision in Franchise Services of North America should give comfort to investors that seek to negotiate consent rights with respect to a bankruptcy filing. The fact that an investor also holds a claim against the company will not, in and of itself, invalidate a bankruptcy consent provision, say attorneys with King & Spalding LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • ADA Burden-Of-Proof Answers From 9th Circ.

    Joanne Alnajjar Buser

    In Snapp v. Burlington Northern Santa Fe Railway, the Ninth Circuit recently clarified that an employer’s summary judgment burden to show the unavailability of an employee accommodation under the Americans with Disabilities Act does not apply at trial. Rather, the employee still bears the ultimate burden of proving the existence of a reasonable accommodation, say attorneys at Paul Plevin Sullivan & Connaughton LLP.

  • Aviation Watch: Keeping Turbines Spinning, Passengers Safe

    Alan Hoffman

    Engine failures are rare in modern commercial aviation. But recent problems with two types of aircraft engines — including one which led to an in-flight fatality in April — point to the serious technical and legal challenges faced by manufacturers, air carriers and regulators trying to keep planes in the air, says Alan Hoffman, a retired attorney and private pilot.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Tax Days May Be Longer In Arizona Than New York

    Ariele Doolittle

    In New York, a "day" is defined as "any part of a day" for tax purposes. But, according to a state Supreme Court decision last week, a "day" may mean something different in Arizona. Ariele Doolittle of Hodgson Russ LLP analyzes the matter of BSI Holdings LLC v. Arizona Department of Transportation.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.