Transportation

  • February 21, 2020

    Breaking Down Volkswagen's First US 'Clean Diesel' Trial

    Volkswagen is slated to face off Tuesday in a bellwether damages trial with drivers who opted out of a $10 billion settlement the German automotive giant struck over its "clean diesel" emissions scandal, marking the first U.S. trial for the carmaker since it admitted to fraud in 2015. Here, Law360 takes a closer look at the case ahead of trial.

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    State Farm Unit Accused Of Routinely Denying Auto Benefits

    A State Farm unit used an inadequate claims review process to deny or reduce personal injury benefits to policyholders who required medical treatment after car accidents, a proposed class alleged in Kentucky federal court.

  • February 21, 2020

    Aviation Execs Talk 737 Max Ban's Impact On Jet Safety Cert.

    The unprecedented grounding of Boeing's 737 Max complicates how global regulators will sign off on passenger jet safety certifications, and recent threats by U.S. lawmakers seeking to micromanage the process will do more harm than good, experts said at an industry panel Friday.

  • February 21, 2020

    Uber Must Face $1B Trade Secrets Suit, Jury Finds

    Uber must face a $1 billion trade secrets lawsuit after a San Francisco jury handed down a verdict Friday finding that an inventor timely brought his claim that the ride-hailing giant and its founder stole his business concept.

  • February 21, 2020

    European E-Scooter Biz Tops $100M In Series B Funding

    European electric scooter company TIER Mobility said Friday it received a new wave of debt and equity financing to expand its fleet, pushing its Series B funding to more than $100 million.

  • February 21, 2020

    Ohio Can't Deny Driver's Licenses To Refugees

    An Ohio federal court has ruled that the Ohio Bureau of Motor Vehicles' policy denying state driver's licenses to refugees with admission documents that are more than two years old is preempted by federal law, while simultaneously certifying a class of refugees.

  • February 21, 2020

    Navajo Nation, NM County To Develop Railroad Project

    The Navajo Nation has signed a deal with a New Mexico county to collaborate on plans for a railroad, as the tribe looks to create new business opportunities to counter the loss of power plants around its lands, according to a Navajo statement.

  • February 21, 2020

    SEC And Ex-Exec Of Navistar Reach $500K Partial Settlement

    The former CEO of Navistar International Corporation has reached a $500,000 agreement with the U.S. Securities and Exchange Commission to partially settle claims that he hid the company’s struggles to meet federal environmental standards, government attorneys told an Illinois federal judge Friday.

  • February 21, 2020

    Calif. Says FAA's Enviro Review Of Air Cargo Facility Flawed

    California has challenged the Federal Aviation Administration's finding that a recently approved air cargo facility at the San Bernardino airport would not have a significant environmental impact, telling the Ninth Circuit the government looked past air quality concerns.

  • February 21, 2020

    Atlanta Escapes Woman's $1.4M Verdict Over Manhole Crash

    A Georgia appellate panel on Friday vacated a $1.4 million jury verdict in a suit accusing the city of Atlanta of causing a motorist's injuries after she drove into an open manhole, saying the motorist failed to present evidence of the manhole's condition on the day of the incident.

  • February 21, 2020

    Ireland To Appeal State Aid Ruling Against Fiat, Luxembourg

    Ireland is appealing a European Court of Justice decision from last year finding carmaker Fiat received illegal state aid from Luxembourg, saying the decision is relevant to an ongoing Irish case, an Irish government representative confirmed Friday.

  • February 21, 2020

    Texas Communities Challenge FERC Approval Of LNG Project

    Community and environmental groups are challenging the Federal Energy Regulatory Commission's approval of a liquefied natural gas project on the Texas Gulf Coast, claiming the agency ignored the project's pollution impacts on nearby and largely low-income Latino communities.

  • February 21, 2020

    Firm Immune In Destroyed Evidence Case, Texas Justices Say

    The Texas Supreme Court on Friday cut short claims that Quilling Selander Lownds Winslett & Moser PC's experts illegally destroyed key evidence in a wrongful death case, holding that attorney immunity protects the firm.

  • February 21, 2020

    Industry, Enviro Groups Blast EPA's 2019 Biofuel Mandates

    Biofuel, fossil fuel and environmental groups have attacked the U.S. Environmental Protection Agency's defense of its 2019 renewable fuel standard from different angles, telling the D.C. Circuit on Thursday it will harm industry and wildlife.

  • February 21, 2020

    Bid To DQ Judge On Eve Of VW 'Clean Diesel' Trial Tossed

    A California federal judge denied a motion to disqualify him from overseeing the first U.S. trial over Volkswagen's "clean diesel" emissions scandal set to begin on Monday, saying Friday the drivers’ bid was a delay tactic and failed to show the required degree of favoritism or antagonism to justify disqualification.

  • February 21, 2020

    Insurer Looks To Recover $8M From Ill. Rail Car Derailment

    A Japanese insurer has brought a suit against Belt Railway Co. of Chicago in Illinois federal court claiming it ignored proper procedures that led to the derailment of eight new passenger railcars, costing $8 million in damages that the insurer now seeks to recover.

  • February 21, 2020

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

    The past week in London has seen a premium payment card provider drag an exiled Ukrainian politician to court, an investment company sue Cuba for unpaid government debt and lenders offering unregulated finance take action against The Times newspaper. ​​​​​​​Here, Law360 looks at these claims and more. 

  • February 20, 2020

    FERC Sows Confusion With Oregon LNG Project Non-Vote

    The Federal Energy Regulatory Commission on Thursday opted not to vote on a $10 billion liquefied natural gas project in Oregon, but did so in a disjointed fashion that raised more questions than it answered.

  • February 20, 2020

    Piece Of Auto Dealer Data MDL Bound For Arbitration

    An Illinois federal judge hit the brakes Thursday on one piece of the antitrust multidistrict litigation against Reynolds and Reynolds Co. and CDK Global, holding that it’s up to an arbitrator to decide whether an automotive industry data technology company’s claims should be arbitrated.

  • February 20, 2020

    Volkswagen Slams Drivers Trying To DQ Judge On Eve Of Trial

    Volkswagen on Thursday blasted a last-minute bid to disqualify the judge overseeing the first U.S. trial over Volkswagen's "clean diesel" emissions scandal, set to start in days, saying the attempt to oust the judge is a “frivolous tactic.”

  • February 20, 2020

    Wash. Floats Pausing Lower Aerospace Tax Amid EU Row

    Washington state would suspend a lower business tax rate for aerospace manufacturing under two bills introduced Thursday, a suspension proposed by Boeing to avoid international tariffs as the U.S. and European Union remain embroiled in a dispute over illegal subsidies.

  • February 20, 2020

    9th Circ. Rejects Rehearing Of Walmart Truckers' $55M Award

    The Ninth Circuit declined on Thursday to rehear arguments over its affirmation of a $54.6 million jury award to Walmart truckers who accused the retail giant of paying below minimum wage for rest breaks, with the panel voting in a 2-1 split.

  • February 20, 2020

    DOT Seeks To Clarify Unfair Biz Practices Air Travel Rule

    The U.S. Department of Transportation said Thursday it intends to clarify what qualifies as unfair and deceptive practices by airlines and ticket agents, an effort to boost air traveler protections while also formalizing an appeals process for businesses accused of slippery practices.

  • February 20, 2020

    Juno Moves Ahead With Ch. 11 Plan After Creditor Deal OK'd

    Bankrupt ride-hailing service Juno USA LP received court approval Thursday in Delaware for a Chapter 11 settlement with its unsecured creditors and parent company that will help fund a post-bankruptcy trust fund and also allow the company to move toward confirmation of its proposed plan.

Expert Analysis

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • How Enviros Will Challenge Trump's NEPA Update

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    The Trump administration's recently proposed updates to National Environmental Policy Act regulations — which forgo analysis of climate change impacts — are certain to draw litigation attacking the changes as arbitrary, capricious and an abuse of regulatory discretion, say Marcella Burke and Cason Hewgley of King & Spalding.

  • A Good Year Ahead For Energy Infrastructure M&A

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    Recent policy developments and investment trends in China, Europe and the United States offer a number of compelling reasons to expect that energy infrastructure M&A deals will be strong in 2020, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Bat Species Status Ruling Leaves Cos. Hanging

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    A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Back Pay Ruling Shows Nuanced Test For Extended Liability

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    An Ohio federal court’s recent decision in Santiago v. Meyer Tool demonstrates that the standard for determining extended back pay liability in wrongful termination cases may depend on why the employee left his subsequent job, and highlights a circuit split on the issue, say Lynn Kappelman and John Ayers-Mann at Seyfarth.

  • How The Coronavirus May Affect Your Supply Chain's Health

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    The recent coronavirus outbreak has prevented many Chinese manufacturing and logistics companies from delivering products to their buyers, creating legal issues concerning whether nonperformance or delays in performance constitute breaches of contract or are excusable events, say attorneys at Faegre Drinker.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • Recent Cases Defy Conventional Merger Control Wisdom

    Excerpt from Lexis Practice Advisor
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    In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

  • Origin Marking And Duty Preference Rules After USMCA

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    There are three changes the U.S.-Mexico-Canada Agreement makes to the North American Free Trade Agreement’s country-of-origin and preference provisions that may not get as much attention as other sections of the deal but are just as critical to any company doing business in the NAFTA region, say Craig Lewis and Molly Newell at Hogan Lovells.

  • EPA Renewable Fuel Shift May Increase Cost Of Compliance

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    The U.S. Environmental Protection Agency’s new 2020 rules for renewable identification numbers — which function as receipts attached to batches of renewable fuels — are inconsistent with the agency’s earlier policy and may make compliance more expensive, say Deanna Reitman and Jeffrey Bourdon of DLA Piper.

  • The Deal Maker's Guide To The New CFIUS Framework

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    Now that new national security regulations governing cross-border investment and acquisitions are in effect, attorneys at MoFo identify the key questions deal makers should be asking to assess whether they must, or should, notify the Committee on Foreign Investment in the United States of a transaction.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

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