Transportation

  • September 25, 2020

    Wash. High Court Won't Revive Toyota Suit Over Mirror

    The Washington Supreme Court on Thursday upheld a verdict in favor of Toyota in a man's suit alleging that the auto manufacturer deceived him about a rear view mirror with a temperature display, finding that he hadn't been shown he'd been harmed by the advertising for that feature.

  • September 25, 2020

    DOL Frees Up $150M To Fill H-1B Worker Shortages

    The U.S. Department of Labor announced it will invest $150 million into training American residents for positions in industries facing critical shortages of skilled workers, a measure that comes months after President Donald Trump barred foreigners on H-1B specialty occupation visas from entering the country.  

  • September 25, 2020

    Auto Parts Maker Shiloh Cleared For Del. Ch. 11 Sale Plan

    Auto parts supplier Shiloh Industries received a green light Thursday for its Delaware Chapter 11 stalking horse sale plan, with an affiliate of private equity firm MiddleGround Capital LLC tapped as the bidder-to-beat with a $218 million offer for the business.

  • September 25, 2020

    Buyers Defend Standing In German Car Cos. Antitrust MDL

    Car dealerships and consumers told a California federal judge Thursday that they've clearly alleged that they've been saddled with higher costs resulting from a decadelong conspiracy involving German auto giants that sought to control diesel emissions systems specifications and the price of steel.

  • September 25, 2020

    Uber Wins Bid To Arbitrate Calif. Unpaid Wages Claim

    A California Uber driver alleging the ride-hailing giant owes him unpaid wages must arbitrate a complaint he filed with the state Labor Commission, a judge ruled during a hearing Friday, rejecting the agency's argument that Uber drivers are engaged in interstate commerce and therefore exempt from the Federal Arbitration Act.

  • September 25, 2020

    Brand Battles: Law Firms Claw Over 'Lion' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a law firm called Aslan Law is battling over another firm's application to call itself Lion Law, saying that the names are potentially confusing in light of the talking lion in C.S. Lewis' "The Chronicles of Narnia" — plus four other TTAB cases you need to know.

  • September 25, 2020

    DC Circ. Questions Timing Of Some EPA Biofuel Disputes

    As the D.C. Circuit on Friday parsed through jurisdictional and timeliness issues in petitions seeking to vacate the U.S. Environmental Protection Agency's 2019 Renewable Fuel Standard rule on different fronts, one judge seemed to be of the view that some challengers waited too long to seek judicial review.

  • September 25, 2020

    Land Buyer Says $11M Superfund Tab Hinges On Claim Timing

    A railroad land purchaser told the Seventh Circuit on Friday that a district court wrongfully saddled it with the entire $10.5 million bill to clean up a Superfund site in Wisconsin, saying the seller should be on the hook because a claim for payment was made within the purchasing agreement's indemnity period.

  • September 25, 2020

    Trucking Co. Agrees To Pay $2.8M In Wage-And-Hour Row

    A Pennsylvania trucking company will pay $2.8 million to resolve a wage-and-hour putative class action, following a California federal judge's approval of a deal between the company and a group of truckers alleging they were misclassified as independent contractors and denied a variety of expense reimbursements.

  • September 25, 2020

    Uber Says Lack Of Common Ground Dooms Driver Class Bid

    Uber has urged a California federal judge not to certify a proposed class of drivers accusing the ride-hailing giant of shorting them on benefits by misclassifying them as independent contractors, telling the court there are too many individualized questions for the case to move forward as a class action.

  • September 25, 2020

    Lyft Says New Arguments Doom Ride-Hailing Patent Appeal

    Lyft has urged the Federal Circuit to uphold a decision that claims of a ride-sharing technology patent invented by a retired Georgia Tech professor are indefinite, saying RideApp Inc. raised new arguments on appeal that the court can't consider.

  • September 25, 2020

    VW Says Ex-Exec's Death Raised As Distraction In M&A Case

    Volkswagen has urged a Michigan federal court not to reopen discovery in a suit accusing it of illegally maintaining a stranglehold over its suppliers, saying that the auto parts maker bringing the case is trying to use the recent death of a former executive as a distraction.

  • September 25, 2020

    Mishcon Sheds Case Alleging Ex-Attys 'Abandoned' IP Suit

    An Illinois federal judge has tossed a Chicago motor company's case accusing international law firm Mishcon de Reya LLP of abandoning its trade secrets infringement suit against Nidec Motor Corp., finding the retainer agreement requires the legal malpractice case to be heard in New York.

  • September 25, 2020

    Real Estate Rumors: CorePoint Lodging, Redwood, Gil Dezer

    CorePoint Lodging has reportedly sold a Florida hotel for $5.7 million, Redwood Capital Investments is said to have picked up two Florida auto dealerships for $60.5 million and the North Miami City Commission will reportedly review developer Gil Dezer's proposed mixed-use project next month.

  • September 25, 2020

    Utility Dodges Calif. County's Suit Over Sewage Contract

    A California county can't pursue Clean Water Act claims against a Lake Tahoe waste management utility, a federal judge has ruled, saying the suit over alleged breach of contract for effluent storage is likely better suited for state court.

  • September 25, 2020

    Shipowner Drops Repair Cost Suit Against Insurers

    A shipowner suing insurers for coverage for £200,000 ($254,000) in losses over a damaged ship has agreed to end its case, seven months after a judge paused it so the sides could pursue settlement talks.

  • September 25, 2020

    Insurers Settle Claim Over Ship Rust With Logistics Co.

    Eighteen insurers have settled a $1.4 million suit brought against them by international logistics company Golden Pacific seeking compensation for rust allegedly found in the storage tank of a ship just months after it purchased the vessel.

  • September 25, 2020

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

    This week in London saw Deutsche Bank sue the Italian city of Naples over derivatives, Nationwide Building Society sue law firm Manches, and institutional investors file two new cases against supermarket chain Tesco. Here, Law360 looks at those and other new claims in the U.K.

  • September 24, 2020

    DoorDash Steers Users From Non-Partner Eateries, Suit Says

    DoorDash has been deceptively steering customers away from restaurants not partnered with the restaurant delivery service by falsely listing them as "closed" or "too far away" on its app, a St. Louis restaurant claimed Thursday, hitting the company with a proposed class action in California federal court.

  • September 24, 2020

    BMW To Pay $18M To End SEC's Inflated Disclosure Claims

    BMW and two of its subsidiaries will pay $18 million to end allegations from the U.S. Securities and Exchange Commission that the carmaker inflated its reported retail sales in the U.S. through misleading disclosures, the agency announced on Thursday.

  • September 24, 2020

    3rd Circ. Says Janus Can't Nix Airline Union Nonmember Fees

    The Third Circuit on Wednesday held that the Railway Labor Act authorizes a union representing United Airlines workers to charge fees to nonmembers, rejecting the workers' argument that the U.S. Supreme Court's Janus ruling and two others established the fees violate the First Amendment.

  • September 24, 2020

    Suit Over 'Jolly Trolley' Crash Ends In $4.8M Judgment

    A Delaware state judge has entered a final judgment of about $4.8 million in a suit accusing a transit company specializing in homemade "jolly trolley" trailers of causing a 2016 rollover crash that injured more than two dozen people on their way to a wedding.

  • September 24, 2020

    Coronavirus Litigation: The Week In Review

    Disney faces claims that it wrongfully barred a maskless autistic boy from one of its stores, a racing group says Coca-Cola used the pandemic to ditch a $34 million sponsorship agreement, and an ex-UPS worker says she was wrongfully fired for taking time off work to quarantine.

  • September 24, 2020

    Judge Says Tesla Autopilot Death Suit Belongs In Japan

    A California federal magistrate judge has tossed a wrongful death suit brought by the family of a Japanese pedestrian killed in a crash near Tokyo that involved a Tesla vehicle engaged in Autopilot, saying evidence concerning liability and damages is in Japan.

  • September 24, 2020

    Tesla Accuses Nikola Of Inequitable Conduct In $2B IP Fight

    Tesla hit rival electric car maker Nikola Corp. with counterclaims of inequitable conduct and invalidity in California federal court Wednesday in Nikola's lawsuit accusing Tesla of owing it $2 billion for allegedly infringing its design patents on its electric semitruck, the Nikola One.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • Opinion

    How RBG Tamed Robinson-Patman Price Discrimination

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    The late Justice Ruth Bader Ginsburg authored only one significant antitrust decision in her decades on the court, but she made it count by bringing rationality to the confused, arcane area of price discrimination under the Robinson-Patman Act, honoring both the text and policy, says Scott Abeles at Carlton Fields.

  • Aviation Watch: Controllers' Liability In Kobe Bryant Crash

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    Two air traffic controllers who communicated with the pilot of Kobe Bryant's helicopter before its crash were recently joined to the litigation over the accident for allegedly failing to provide the pilot with radar service — but the cause of action against them rests on legal quicksand, says Alan Hoffman, a retired attorney and aviation expert.

  • Elections May Decide Fate Of Gig Worker Classification Regs

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    The future of the gig economy's nonemployee model could hinge on the upcoming federal and California state elections, with the Democratic presidential candidate's regulatory approach at odds with a recent U.S. Department of Labor proposal that would make it easier to label workers as contractors, say Paul DeCamp and Michael Kun at Epstein Becker.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Equator Principles Update: What Energy Cos. Should Know

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    An Oct. 1 update to the Equator Principles will bring significant changes to the environmental, social and governance framework, and energy projects receiving loans of as little as $50 million must now prepare for compliance, says Jillian Kirn at Greenberg Traurig.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Lessons From Md.'s Purple Line For Public-Private Contracts

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    Recent litigation over the Purple Line light rail project in the Maryland suburbs of Washington, D.C., illustrates why unambiguous contracts are a must when private and public entities enter into a partnership to develop critical infrastructure, says Laura Fraher at Shapiro Lifschitz.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

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