Transportation

  • January 08, 2021

    NHTSA Finds No Proof Of Tesla Acceleration Defect

    The National Highway Traffic Safety Administration on Friday said it was shutting down its review of claims that about a half-million Tesla Inc. vehicles are affected by a defect that causes sudden unintended acceleration, saying it found no evidence of a defect.

  • January 08, 2021

    Mass. Top Court Skeptical CDA Shields Car-Sharing Co. Turo

    Massachusetts' highest court said Friday that car-sharing company Turo Inc. may be doing more than simply providing an online platform for person-to-person car exchanges and therefore might not be shielded by the Communications Decency Act from an order barring transactions at Boston's Logan International Airport.

  • January 08, 2021

    Boeing's Favorable Crash Deal Leaves Victims' Families Livid

    Chalk up a win for the Boeing Co.'s chief legal officer, Brett Perry. Boeing's legal and compliance departments appear to have escaped mostly unscathed in the company's $2.5 billion deferred prosecution agreement.   

  • January 08, 2021

    9th Circ. Affirms Dismissal Of $73M ERISA Suit

    The Ninth Circuit has refused to revive a union member's proposed class action against his pension fund over its alleged failure to prevent a $73 million loss, saying he was asking for relief the court could not grant.

  • January 08, 2021

    Contempt Hearing For Ex-Girardi Attys To Be Held In Person

    An Illinois federal judge said Friday he'll wait to hold a contempt hearing for two former Girardi Keese PC attorneys accused of covering up the alleged theft of $2 million in client settlement funds until it's safe enough to have the hearing in person.

  • January 08, 2021

    Driver Tells Judge To Toss Delivery Co.'s Arbitration Bid

    A former driver urged a New Jersey federal magistrate judge to reject a delivery company's bid to force his proposed wage and hour class action into arbitration, saying the court has yet to resolve an identical request the company filed five years ago.

  • January 08, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a fraud claim filed by Wirecard Bank AG, Siemens and General Electric face off over patents, and a bank note producer and a cider brewery separately sue the U.K. tax agency. 

  • January 08, 2021

    Credit Suisse Hit With New Suit Over Mozambique Scandal

    Credit Suisse is facing further litigation in London over millions of dollars of loans to Mozambique for maritime projects that are the focus of an international bribery scandal.

  • January 08, 2021

    Panasonic Gets Defective Auto-Parts Fight Kicked Out Of UK

    A judge ruled on Friday that a legal battle between an auto-part giant and Panasonic Industry over allegedly defective electrical components should be fought in Germany.

  • January 07, 2021

    Paul Weiss, Latham Help Meineke Owner Launch $703M IPO

    Private equity-backed Driven Brands, which owns the auto body repair brand Meineke, shifted its initial public offering plans into gear Thursday by setting terms that could see North America's largest automotive services company rake in $703 million, with advice from Paul Weiss and Latham & Watkins.

  • January 07, 2021

    Choices Were 'Econ 101,' Not Antitrust Issue, Airlines Say

    Delta and United Airlines want a D.C. federal judge to nix price-fixing claims that they said in briefs made public Wednesday are based on rational, independent decisions on how to handle passenger capacity, rather than any kind of conspiracy.

  • January 07, 2021

    Garrett Motion Creditors Say Equity Group Should Cover Fees

    The unsecured creditors of auto parts maker Garrett Motion Inc. on Wednesday asked a New York bankruptcy judge to reject an equity holder request that the debtor pay $2.5 million to potential investors, saying the shareholders should cover any investor incentives.

  • January 07, 2021

    Ford F-150 Buyers Say Defect Caused Trucks To Guzzle Oil

    A new proposed class action in Michigan federal court alleges that Ford knowingly concealed manufacturing defects in its F-150 vehicles believed to cause an excessively high rate of engine oil consumption, usually manifesting after the vehicle's warranty period has expired.

  • January 07, 2021

    Coronavirus Litigation: The Week In Review

    Enterprise can't shake WARN Act liability over coronavirus layoffs, LA Fitness says its landlord can't demand full rent when the gym operator was prohibited from using its rented space, and the owners of the Philadelphia Union soccer team are among the latest to take their insurer to court over denied coverage for losses related to the pandemic.

  • January 07, 2021

    FERC Appeals Ch. 11 Plan That OK'd Ditching Pipeline Deals

    The Federal Energy Regulatory Commission is fighting the approval of Extraction Oil & Gas' Chapter 11 plan that allowed the company to ditch pipeline contracts, just weeks after objecting to the Delaware bankruptcy court's authority to reign over FERC-approved deals without the regulator's blessing.

  • January 07, 2021

    Allstate Asks Texas Justices To Ax Fee Award In Crash Suit

    Allstate Insurance Co. urged the Texas high court on Thursday to overturn a jury verdict granting a policyholder more than $45,000 in attorney fees in connection with his claim for underinsured motorist benefits, saying the policyholder impermissibly brought his case as a declaratory judgment action to obtain the fee award.

  • January 07, 2021

    Boeing To Pay More Than $2.5B Over 737 Max Fraud

    The Boeing Co. agreed Thursday to pay more than $2.5 billion to settle a conspiracy claim brought by the U.S. Department of Justice in Texas federal court accusing the airplane manufacturer's employees of hiding information from the Federal Aviation Administration about the safety of its 737 Max jets.

  • January 07, 2021

    Transportation, Education Secs Quit After Capitol Hill Chaos

    Transportation Secretary Elaine Chao and Education Secretary Betsy DeVos announced Thursday that they would resign before the end of President Donald Trump's term, becoming the first Cabinet members to step down following the mob violence that descended Wednesday on the U.S. Capitol.

  • January 07, 2021

    Auto Parts Co. Seeks Sanctions For Pair Who Tossed Records

    An auto parts company has asked an Alabama federal judge to sanction two workers who joined a proposed overtime collective action, saying they destroyed time records they claimed would prove the company denied them overtime pay. 

  • January 07, 2021

    Navistar Investor Sues To Block VW Unit's $3.7B Acquisition

    A Navistar International Inc. investor sued the global truck and engine maker and its board in Delaware early Thursday over allegedly inadequate disclosures about the company's planned $3.7 billion acquisition by Volkswagen AG's commercial vehicle unit, Traton SE, seeking a deal delay or damages.

  • January 06, 2021

    737 Max Flyers Seek Cert In Boeing, Southwest RICO Suit

    Boeing 737 Max 8 passengers urged a Texas federal judge in a heavily redacted motion Wednesday to certify two classes each composed of millions of flyers in their racketeering suit accusing Southwest Airlines and Boeing of scheming to inflate ticket prices for flights on unsafe Boeing jets.

  • January 06, 2021

    Insurer Needn't Cover Forklift Driver In $1M Injury Suit

    A California federal judge freed Indian Harbor Insurance Co. from having to defend a forklift driver in a $1 million suit alleging he injured a bystander during a forklift parade, finding that the parade is a "stunting activity" barred by the policy's mobile equipment exclusion.

  • January 06, 2021

    Appeals Court Remands Arbitration Question In Pemex Feud

    A Florida judge was wrong not to first decide whether two aircraft maintenance companies that sued Petróleos Mexicanos for $8 million are bound by an underlying arbitration clause before denying the Mexican state-owned energy company's arbitration bid, an appeals court ruled Wednesday.

  • January 06, 2021

    Pomerantz To Lead Investor Suit Against Brazilian Airline

    A New York federal magistrate judge on Wednesday appointed Pomerantz LLP to lead a consolidated putative securities class action accusing the Brazilian airline Gol Linhas Aereas SA of misleading investors.

  • January 06, 2021

    Army Corps Revamps Controversial Nationwide Permits

    The U.S. Army Corps of Engineers has dramatically altered a key Clean Water Act permitting program at the center of a high-stakes legal dispute in the Ninth Circuit, a move environmentalists criticized as making it easier to begin construction of oil and gas pipelines without proper review.

Expert Analysis

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

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    While waiting for the Federal Circuit to resolve its recent inconsistent treatment of prior-art-based arguments during a Section 101 patent eligibility analysis, practitioners should draft patent specifications to show improvements over prior art and then leverage them in litigation, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Valuation Uncertainty Could Prompt Increased Litigation

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    The COVID-19 pandemic has increased volatility around forward-looking cash flows and discount rates, which may lead to more business valuation disputes, particularly in the M&A and bankruptcy litigation contexts, say analysts at Cornerstone Research.

  • Opinion

    Dakota Pipeline Challenge Undermines Permitting Process

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    If Standing Rock Sioux Tribe v. Army Corps of Engineers succeeds at challenging the Dakota Access Pipeline's environmental permitting more than three years after it came online, other infrastructure projects might also face legal battles long after they are built, says David Hill at the Columbia University Center on Global Energy Policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Advancing The Democratic Tax Agenda In 2021

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    Even with a divided government starting next year, Democrats will have a major effect on tax policy, pursuing legislative compromises and regulatory changes in service of President-elect Joe Biden's tax plan, and potentially reversing many Trump administration initiatives, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

  • Tesla Ruling Leaves Self-Driving Liability Questions Open

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    A California federal court recently dismissed Umeda v. Tesla, saying that the wrongful death suit involving a driver-assist system should have been filed where the crash occurred, but the underlying liability questions the case raised remain to be resolved, say Matthew Berkowitz and Brian O'Shea at Carr Maloney.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • Opinion

    Biden Independent Contractor Plan Sends Confusing Message

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    President-elect Joe Biden’s inconsistent campaign plan for independent contractors supports enforcement of existing laws against intentional worker misclassification while also proposing a challenging-to-meet federal classification standard modeled after California’s A.B. 5, says Richard Reibstein at Locke Lord.

  • Justices May Clarify Personal Jurisdiction Online In Ford Suits

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    At the U.S. Supreme Court's oral argument in Ford Motor Co. v. Montana Eighth Judicial District Court, the justices suggested that the court will soon clarify how the internet affects personal jurisdiction, say attorneys at McGuireWoods.

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