Transportation

  • August 23, 2019

    9th Circ. Wants Feds' Take On Counties' VW Emissions Fight

    The Ninth Circuit has asked the federal government to weigh in on whether the Clean Air Act keeps state and local authorities from going after Volkswagen, affiliates Audi of America LLC and Porsche Cars North America Inc., and auto parts maker Robert Bosch LLC for allegedly tampering with vehicle emission controls.

  • August 23, 2019

    Ga. Jury Awards Record $280M In Fatal Auto Wreck Suit

    A Georgia state jury on Friday awarded a record $280 million in a suit accusing a steel manufacturing company's truck driver of causing an auto collision that killed five members of one extended family, the family's attorney confirmed.

  • August 23, 2019

    Hertz Wants Consumer’s Foreign Currency Fee Suit Tossed

    Hertz Corp. has asked a New Jersey federal court to toss a proposed class action that accuses it of secretly charging consumers currency conversion fees on overseas car rentals, saying the state’s consumer fraud laws don’t extend to foreign countries.

  • August 23, 2019

    6th Circ. Snuffs Ex-GM Truckers' Contract Row With UAW

    The Sixth Circuit on Friday rejected a long-running suit from drivers for General Motors' former trucking division claiming their labor union and the company cut them a raw deal during GM's restructuring a decade ago that foisted low salaries and early retirement onto the drivers.

  • August 23, 2019

    BNSF Can't Undo EEOC's Disability Bias Win, High Court Told

    A job applicant told the U.S. Supreme Court that the Ninth Circuit correctly found that BNSF Railway Co. illegally rescinded his job offer after he declined to pay for his own MRI, rejecting the railroad’s claim that there was no disability bias toward the applicant.

  • August 23, 2019

    Australia Hits Norwegian Shipping Co. With Cartel Charges

    Australia’s competition regulator hit a Norwegian shipping company with cartel charges Friday for its alleged role in fixing the prices of international vehicles that were sent to Australia.

  • August 23, 2019

    Deals Rumor Mill: Tesla, VW, H.I.S.

    Tesla is in deep talks with LG Chem about sourcing batteries for cars made in Shanghai, Volkswagen is considering investing in Chinese car suppliers, and H.I.S. Co. has abandoned efforts to buy a controlling stake in hotel operator Unizo Holdings.

  • August 23, 2019

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

    The past week has seen a Swiss oil distributor sue Barclays for fraud, a French fintech sue a British bank it partners with and several shipping companies take on Allianz, Axa and other insurers. Here, Law360 looks at these and other claims in the U.K.

  • August 23, 2019

    DC Circ. Upholds Obama-Era Ozone Limit For Public Health

    The D.C. Circuit on Friday upheld the U.S. Environmental Protection Agency's 2015 rule tightening ozone standards to protect public health, rejecting arguments from industry and states that it's too protective and from environmental groups that the rule doesn’t go far enough.

  • August 23, 2019

    China Tees Up New Tariffs On $75B Worth Of US Goods

    The tit-for-tat escalation between the U.S. and China continued Friday as Beijing vowed to impose tariffs on $75 billion worth of U.S. goods and reinstate a 25% levy on U.S. cars in retaliation for the Trump administration’s duties scheduled to take effect Sept. 1.

  • August 23, 2019

    Neb. High Court Affirms Keystone XL Route Approval

    The Nebraska Supreme Court on Friday affirmed a state agency's approval of a route for the Keystone XL oil pipeline, an important win for pipeline developer TC Energy's plan to transport oil sands from Canada into the U.S.

  • August 23, 2019

    Frontline, Trafigura Strike $675M Oil Tanker Deal

    Oil tanker shipping company Frontline said Friday that it has agreed to buy 10 Suezmax oil tankers from Trafigura Maritime Logistics in a cash and stock deal worth up to $675.3 million that was led by Seward & Kissel and Advokatfirmaet BAHR.

  • August 22, 2019

    Ford Defeats Cert. Bid In Sex Harassment Class Action

    An Illinois federal judge on Thursday refused to certify a class of female Ford employees at two Chicago-area plants who claim they endured pervasive sexual harassment, saying the experiences of each individual class member varies too greatly for their claims to be resolved on a classwide basis.

  • August 22, 2019

    DoorDash Drives Another Misclassification Row To Arbitration

    A California worker who says DoorDash broke state and federal labor laws by misclassifying him as an independent contractor so it could pay him less must arbitrate his claims, a California federal judge ruled Thursday, nearly a year after the popular takeout food delivery company won its bid to arbitrate in a similar suit.

  • August 22, 2019

    BNSF Can't Scrap Race Bias Verdict, But $1.54M Award Is Cut

    An Illinois federal judge on Thursday rejected BNSF Railway Co.'s attempt to overturn a jury's verdict finding the company fired an African-American conductor because of his race, but ruled the conductor must accept a reduction in his $1.54 million award or face a new trial on damages.

  • August 22, 2019

    Jury Sticks Trucking Co. With $2.14M Verdict In Crash Case

    A federal jury in Tennessee awarded a Georgia woman nearly $2.14 million in damages on Wednesday for injuries she suffered after a truck driver for freight company YRC Inc. rear-ended her car on a Tennessee highway in July 2016.

  • August 22, 2019

    At Trial, BART Blames Developer For Botched Retail Plans

    A retired BART manager testified Thursday in a California jury trial over TransMart's claims the transit agency cost it millions by derailing plans to bring stores like Dunkin' Donuts and Ghirardelli Chocolate to stations, saying "BART wasn't meant for retail" and TransMart was ultimately responsible for the subtenant's designs.

  • August 22, 2019

    4 Takeaways From EPA's Regional Haze Rule Guidance

    States may be breathing a sigh of relief after the EPA released new guidance on how best to comply with a long-term program to reduce haze in national parks and wilderness areas, with the Trump administration allowing for more flexibility than the Obama administration. Here, Law360 explores four takeaways from the Regional Haze Rule guidance.

  • August 22, 2019

    Missing Info Lets Texas Ambulance Co. Win Patient Death Suit

    A Texas appellate court affirmed the dismissal of a suit accusing an ambulance company of causing a patient's death during a hospital transfer, saying the family was not entitled to a longer statute of limitations because the required form they submitted was incomplete.

  • August 22, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A $56 million medical malpractice verdict partly against the brother of a former New York governor and a suit filed by a woman whose daughter was allegedly bitten by entertainer Wayne Newton’s pet monkey lead Law360’s Tort Report this week, an occasional compilation of recent personal injury and medical malpractice news items that may have flown under the radar.

  • August 22, 2019

    3rd Circ. Delivers FedEx A Victory In Retaliation Suit

    The Third Circuit held Thursday that FedEx Freight didn’t flout a New Jersey anti-discrimination law when it terminated two employees, finding that the workers didn’t show they were fired for their participation in an investigation about a break room incident involving homophobic slurs.

  • August 22, 2019

    Hertz Must Face Trimmed Unfair Rental Fees Suit

    An Illinois federal judge on Thursday trimmed a consumer's suit alleging Hertz Corp. misled car renters about extra fees, saying she can't prove she was duped by descriptions for the surcharges but she can still pursue her claims the company overcharged renters.

  • August 22, 2019

    Senate Dems Press Road Safety Agency On Car Hacks

    Two Democratic members of the Senate Committee on Commerce, Science, and Transportation sent a letter Thursday to the National Highway Traffic Safety Administration seeking answers about security risks from internet-connected automobiles.

  • August 22, 2019

    Police Suit Over Ford SUV Fumes Fails, Judge's Report Says

    A New York federal judge on Thursday recommended dismissal of class claims alleging that Ford Explorers modified for law enforcement exposed Empire State cops to carbon monoxide fumes, finding that the automaker clearly disclaimed liability for vehicles used for business or commercial purposes.

  • August 22, 2019

    EEOC Roundup: Pay Data Brief Filed, Blood Bank Pays $175K

    The U.S. Equal Employment Opportunity Commission asked the D.C. Circuit to reverse a ruling reinstating an Obama-era initiative making employers report worker pay in a week that has also seen the agency strike a six-figure deal with a Hawaii blood bank and file a trio of disability bias suits.

Expert Analysis

  • Planning For Possible Calif. Contractor Classification Changes

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    In anticipation of California’s Assembly Bill 5, which would codify the California Supreme Court’s Dynamex decision, employers can use two job analysis techniques to reevaluate the role that independent contractors play in their business, say Elizabeth Arnold and Chester Hanvey at Berkeley Research Group.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Can Text Messages Or An Airbag Cause A Suicide?

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    An infamous 2017 criminal case in Massachusetts and a recent civil case in South Carolina both hinged on whether other parties can be responsible for someone's suicide. Both cases suggest a trend toward applying traditional tort principles, and consideration of special factors suggesting the foreseeability of suicide, say Christopher Collier and Michael Arndt of Hawkins Parnell.

  • Coast Guard Cybersecurity Guidance Puts Shippers On Notice

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    Recent cyberattacks have spurred the U.S. Coast Guard to publish a marine safety information bulletin and a marine safety alert addressing vulnerabilities of shipboard computer systems, potentially triggering significant legal obligations for owners and operators, say attorneys at Husch Blackwell.

  • House And Senate Pipeline Bills: Ships Passing In The Night

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    The Pipeline Safety Act is up for reauthorization this year, and both the Democratic House and Republican Senate have produced draft legislation. But it is unlikely that Congress will meet the reauthorization deadline of Sept. 30, because the bills have almost no common ground, say attorneys at Troutman Sanders.

  • What 2 Recent OFAC Cases Say About Compliance Priorities

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    Findings of violation issued by the Office of Foreign Assets Control earlier this month to U.S. companies DNI Express Shipping and Southern Cross Aviation are illustrative of the continued focus, by OFAC and other agencies, on completeness and accuracy in both responsive and voluntary disclosures, say attorneys at Akin Gump.

  • Aviation Watch: What's Behind General Aviation Safety Issues

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    The contemporary general aviation safety picture is much improved, thanks to better planes, better safety equipment and a better safety culture. But recent accidents in corporate and skydiving flight operations point to a need for further action by Congress, regulators and the aviation community, says Alan Hoffman, a retired attorney and private pilot.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • State Net

    Calif. Emissions Agreement A Model For State-Industry Deals

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    Bypassing the Trump administration, California recently reached a deal with four automakers to improve fuel efficiency and reduce carbon emissions. The agreement could set a precedent for how state governments and industry can work together to address major issues, says Lou Cannon of State Net Capitol Journal.

  • What Cos. Should Consider To Prep For Nev. Data Privacy Law

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    Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

  • TM Case At The Intersection Of Antitrust And Design Law

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    The recent Texas federal court case Tricon Precast v. Easi-Set involves a potential use of antitrust law that is highly unusual and may be unprecedented: arguing, via the statutory defense against claims of trademark infringement, that use of an industrial design trade dress violates U.S. antitrust laws, says Rick Sanders of Aaron Sanders. 

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • FERC Rate Reforms Mean More Data Collection For Cos.

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    The Federal Energy Regulatory Commission's revised regulations for selling energy services at market-based rates likely will streamline rate applications and related compliance filings, but they could create a significant initial burden for some companies, say Adam Wenner and Cory Lankford of Orrick.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.