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Transportation

  • August 20, 2018

    Calif. High Court Says Background Check Laws Can Overlap

    California's highest court ruled Monday in favor of a class of current and former bus drivers who accused their employers and two investigative consumer reporting agencies of conducting background checks without permission, clearing up compliance guidelines that involve two overlapping state laws.

  • August 20, 2018

    Transit Group Unlikely To Dodge Leaning Tower Of SF Suit

    A San Francisco judge said Monday he’d likely find that the Transbay Joint Powers Authority can’t escape Millennium Tower residents’ litigation over the structure's tilting and sinking, pointing to a contract in which the public transit agency took on the tower developer's liability in exchange for permission to construct a nearby terminal.

  • August 20, 2018

    UPS Hit With Suit Over Trademark Threats Against Worker

    A United Parcel Service employee sued the company in Georgia federal court on Monday after being threatened with a trademark lawsuit for using the company’s name, logo and colors in the course of criticizing the treatment of workers.

  • August 20, 2018

    Tesla Wants Model 3 Stock-Drop Suit Curbed

    Tesla told a California federal judge Friday that investors in a stock-drop suit over its Model 3 manufacturing delays still have no facts backing up their claims that Tesla deliberately painted an overly rosy view of the pace of production, saying the suit ignores Tesla’s actual disclosures.

  • August 20, 2018

    Pa. Court Upholds Woman’s $2M Penalty For Stolen ‘Kiss’

    A Pennsylvania appeals court on Monday tossed a civil judgment against a moving company that lost a valuable cast of famed Rodin statue "The Kiss," but the panel upheld a $1.8 million verdict against the woman who had the artwork hauled away without the owner's knowledge.

  • August 20, 2018

    Deals Rumor Mill: TPG, Standard Chartered, Hess

    TPG Capital is reportedly mulling a deal to invest in the ailing Jet Airways Ltd., Standard Chartered PLC is discussing a deal to sell its private equity unit to Intermediate Capital Group, and PTTEP PCL and OMV are eyeing Hess Corp.’s Southeast Asian offshore natural gas assets.

  • August 20, 2018

    BMW, Bosch Aim To Put Brakes On Emissions-Cheating Suit

    BMW of North America LLC and auto parts manufacturer Robert Bosch LLC asked a New Jersey federal court Friday to dump a consolidated class action alleging they lied about certain vehicles’ emissions performance, saying the lawyer-driven litigation is based on trumped-up copycat claims lifted from the Volkswagen scandal.

  • August 20, 2018

    Delta Customer Says Data Breach Suit Shouldn't Go To Calif.

    A Delta Air Lines customer urged a Georgia federal court to reject an online support services provider’s bid to send her proposed class action over a data breach to California to join a previously filed dispute, one day after challenging the airline’s motion that made the same request.

  • August 20, 2018

    NJ Appeals Court Revives FedEx Driver's Slip-And-Fall Suit

    A New Jersey state appeals court on Monday revived a FedEx driver's suit against a Jersey City property owner alleging he landed in the hospital after taking a spill on the icy driveway of the car dealership that rents the property, finding the landlord liable for keeping the driveway safe.

  • August 20, 2018

    3rd Circ. Won't Revive Taxi Cos.' Suit Over Uber-Newark Deal

    Taxi and limousine operators lost their bid to revive a putative class action against Newark, New Jersey, over its $10 million agreement with Uber Technologies Inc. after the Third Circuit found Monday that the city was justified in subjecting the ride-hailing company’s drivers to less stringent regulations.

  • August 20, 2018

    Rising Star: Latham's Christopher Drewry

    Latham & Watkins LLP partner Christopher R. Drewry helped guide FMC Technologies and Technip in their $13 billion merger and also worked closely with Delphi Automotive when the car parts maker split in two, making him one of four transportation attorneys under 40 to land on Law360's list of Rising Stars.

  • August 17, 2018

    Courts Can Hear Bias Suits Sans EEOC Complaint: 10th Circ.

    Courts in the Tenth Circuit can hear employment bias cases even if the workers bringing them did not file a timely complaint with the U.S. Equal Employment Opportunity Commission before suing, an appeals panel said Friday in a sprawling order that narrowly revived a disability discrimination suit against BNSF Railway Co.

  • August 17, 2018

    Toyota At Fault In $242M Verdict Over Kids' Crash Injuries

    A Dallas jury on Friday found that defective front seats in a Lexus caused two children’s severe injuries during a rear-end collision and awarded the youngsters and their parents roughly $242 million in damages, holding Toyota bore the vast majority of the blame for their injuries.

  • August 17, 2018

    Nissan '0% Financing' Suit Tossed For Lack Of State Claim

    A New Jersey federal judge on Thursday dismissed a putative class action alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer, finding the warranty statute governing the suit mandates plaintiffs plead an underlying state-law claim.

  • August 17, 2018

    Jury Clears Airport-Adjacent Co. In Fatal Jet Crash Case

    An Atlanta jury on Friday evening cleared industrial manufacturer Milliken & Company of any liability for a business jet crash that killed five people, rejecting claims by the children of one of the victims that Milliken should pay $20 million because it improperly allowed construction of a power pole the plane hit.

  • August 17, 2018

    Ford Accused Of Hiding Focus, Fiesta Transmission Defect

    A putative class action accusing Ford Motor Corp. of hiding an alleged transmission defect in its Focus and Fiesta vehicles was removed to California federal court Thursday, while Ford urged the judge to send the case to multidistrict litigation pending in Los Angeles.

  • August 17, 2018

    NY, Others 'Stand Ready' To Fight Over Scientific Study Rule

    A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”

  • August 17, 2018

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

    The last week has seen Gatwick Airport sue an insolvent construction firm and two insurers for professional negligence, Deutsche Bank lodge a claim against India's Canara Bank and a Markel unit file a contract dispute against German animal insurance specialist Hippo.

  • August 17, 2018

    German Auto Giants Knock 'Whole Car Conspiracy' MDL

    German auto giants have urged a California federal judge to toss multidistrict litigation alleging they engaged in a decadeslong antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying the plaintiffs have zero facts supporting their claims or how the U.S. market was directly affected by the purported scheme.

  • August 17, 2018

    SAP Unit To Develop New Business Travel System For DOD

    The U.S. Department of Defense will work with SAP's Concur unit on a prototype system intended to replace its current "aging and inefficient" travel system and cut down on the billions of dollars and millions of hours the department spends on arranging business travel each year, the DOD announced Thursday.

Expert Analysis

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Aviation Watch: Pity The Poor Passenger

    Alan Hoffman

    In recent decades, airline deregulation and consolidation have led to a wide range of cost-cutting measures. Airline passenger advocates are now challenging the industry's relentless shrinkage of seat sizes on safety grounds — and Congress could soon give the Federal Aviation Administration regulatory power over this issue, says Alan Hoffman, a retired attorney and private pilot.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • 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.