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Transportation

  • October 4, 2018

    DOT Stresses Cooperation In Regulating Automated Vehicles

    The U.S. Department of Transportation on Thursday outlined how government agencies can prepare for computer-driven cars and trucks to enter the country’s roadway system by talking to stakeholders and working together to create compatible regulations.

  • October 4, 2018

    GOP AGs Back Big Oil’s Bid To Ditch Wash. Climate Suit

    Republican attorneys general from 12 states urged a federal court Wednesday to nix King County, Washington's suit seeking to hold Big Oil liable for climate change-related infrastructure damage, arguing the county can't be allowed to use the courts to usurp federal and state regulation of climate change.

  • October 4, 2018

    California Court Ejects Air France Seat-Size Suit

    A California federal judge on Thursday tossed a proposed customer class action against Air France accusing the airline of unjustly accepting payment for “premium economy” seating that did not provide promised extra space, finding that the claims are time-barred and preempted by federal law.

  • October 4, 2018

    Car Data Co. Wants Discovery Quashed In Antitrust MDL

    A vehicle information services company has urged an Illinois federal judge to shut down a discovery request from a digital registration company in antitrust multidistrict litigation, saying any discovery should wait until its motion to dismiss is resolved.

  • October 3, 2018

    Fees Too Low In $18M Plane Crash Suit Deal, Court Says

    A California appellate panel on Tuesday published an opinion holding that a trial judge’s decision to grant just 10 percent attorneys' fees in an $18.1 million settlement of a wrongful death suit over a plane crash was too low and unreasonable given a much higher contingency fee agreement.

  • October 3, 2018

    Pa. High Court To Review Squatter's Rights Dispute

    The Pennsylvania Supreme Court agreed Tuesday to review a decision that only the state, not a city, can claim immunity from squatter's rights in a dispute between the city of Philadelphia and a resident who claims a right to unused land near his home.

  • October 3, 2018

    VW Must Face Claims Of Drivers Who Sold Cars Pre-Scandal

    A California federal judge Wednesday largely rejected bids by Volkswagen AG and electronics engineering firm Robert Bosch LLC to dismiss putative class claims from former owners who sold their affected diesel vehicles before news of an emissions-cheating scandal broke, saying the drivers alleged a sufficiently concrete injury.

  • October 3, 2018

    Emissions Crackdown Stretches To Small Auto Parts Makers

    The U.S. Department of Justice and the Environmental Protection Agency’s criminal prosecutions of small businesses that make aftermarket auto components that increase vehicles’ pollution are a show of force that experts say clearly indicates it’s not just giants like Volkswagen that need to be careful about their products’ effects on air quality.

  • October 3, 2018

    American Airlines Ducks Class Action Over Late Check-Ins

    An Illinois federal judge has struck down class action allegations over American Airlines’ alleged unwritten policy of booting passengers who check in too close to their departure time, saying the passengers’ circumstances are too personal to be considered as a group.

  • October 3, 2018

    Supreme Court Hears Trucker's Take On Arbitration Limits

    The U.S. Supreme Court heard a truck driver's arguments Wednesday that Congress had the foresight in the 1920s to prohibit commerce employers such as New Prime Inc. from forcing independent contractors, like all other cross-border workers, into arbitration.

  • October 3, 2018

    US Scraps Decades-Old Iran Treaty After ICJ Sanctions Order

    Hours after the International Court of Justice ordered the U.S. on Wednesday to lift sanctions affecting the trade of humanitarian items and civil aviation-related goods to Iran, U.S. Secretary of State Mike Pompeo said that the U.S. would be terminating an underlying decades-old treaty with the Middle Eastern nation.

  • October 3, 2018

    Things To Watch In The New FAA Reauthorization

    Congress’ swift passage of a five-year reauthorization of the Federal Aviation Administration advances meaningful infrastructure investment, embraces aviation safety reforms and expands the government’s playbook for integrating drones, industry observers say. Here are a few notable provisions in the FAA Reauthorization Act of 2018.

  • October 3, 2018

    Full 3rd Circ. To Rehear Flyer's TSA Screener Abuse Suit

    The Third Circuit said Wednesday the entire court will hold a rehearing to reconsider its previous decision finding Transportation Security Administration airport screeners to be immune to civil suits over alleged traveler abuse.

  • October 3, 2018

    6th Circ. Won't Rehear Rail Co.'s Tax Discrimination Case

    The Sixth Circuit on Wednesday denied a railroad carrier's request for an en banc rehearing in a dispute over whether Tennessee's diesel fuel sales and use tax on railroad carriers is discriminatory, saying all issues raised had been previously considered.

  • October 3, 2018

    Airline Must Face Passenger's 'Severe Turbulence' Injury Suit

    A Florida federal judge on Wednesday found that an Iberia airline passenger's suit claiming injuries sustained from severe turbulence while onboard a flight from Madrid to Milan can proceed under a multilateral treaty that governs airline liability for passenger injury and death.

  • October 3, 2018

    Royal Caribbean Faces 6-Figure Verdict For Ice-Skating Injury

    A Florida federal jury entered a nearly $700,000 verdict Tuesday in a negligence suit brought against Royal Caribbean Cruises Ltd. by a passenger who broke his ankle while ice-skating aboard one of its ships.

  • October 3, 2018

    Trump Taps DOE Policy Head For FERC Commissioner Slot

    President Donald Trump announced Wednesday his intention to nominate the executive director of the office of policy at the U.S. Department of Energy as a member of the Federal Energy Regulatory Commission.

  • October 3, 2018

    Car Dealer Data Co. Settles With Dealerships In Antitrust Case

    The Reynolds and Reynolds Co. has reached a settlement agreement with a group of car dealerships over their claims in multidistrict litigation accusing the company of working with rival CDK Global LLC to monopolize the car dealership data market.

  • October 3, 2018

    Eagle Ford Shale Cos. Get County's Road Damage Suit Axed

    A Texas appellate court on Wednesday sided with 21 oil and gas companies operating in the Eagle Ford Shale and dismissed them from a lawsuit filed by Dimmit County trying to hold the companies responsible for major road damage in the rural community.

  • October 3, 2018

    NYC DOE Denied $2.9M Fee Award After ERISA Win

    A New York federal judge denied the New York City Department of Education's request for $2.9 million in attorneys' fees after defeating a transit union pension fund's suit alleging that the agency owed it more than $100 million, ruling that fees weren't warranted under the Employee Retirement Income Security Act.

Expert Analysis

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Time To Curb Abuse Of Air Travel 'Support Animal' Rules

    David Heffernan

    Growing numbers of passengers are claiming that their pets are "comfort" or "emotional support" animals, thereby requiring airlines to accommodate the animals in aircraft cabins. The U.S. Department of Transportation should eliminate its requirement that carriers allow untrained animals on planes, while continuing to permit trained service dogs, say David Heffernan and Robert Foster of Cozen O’Connor.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Does Greyhound Have To Comply With Border Agents?

    David Jones

    For at least a few years, U.S. Department of Homeland Security agents have been boarding Greyhound buses across the country and requesting passengers' immigration documents. Ultimately, it was revealed that the company consented to this activity based on a belief that it had to, but was it correct? asks David Jones of Fisher Phillips.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.