Transportation

  • September 23, 2019

    Lyft Drivers Seek Injunction In Mass. Misclassification Suit

    A proposed class of Lyft drivers on Monday asked a Massachusetts federal court to block Lyft from classifying its drivers as independent contractors rather than employees, arguing drivers struggle to earn a living wage under the ride-hailing giant's "misclassification scheme."

  • September 23, 2019

    Fed. Circ. Won't Revive Bombardier Snowmobile Patents

    A Minnesota federal judge rightly upheld a jury verdict invalidating claims from two Bombardier Recreational Products Inc. snowmobile patents, the Federal Circuit has ruled, in a victory for Arctic Cat Inc.

  • September 23, 2019

    House Dems Question Trump, DOJ On Car Emissions Probe

    House Democrats are launching a formal inquiry into whether the Justice Department’s antitrust arm has been politicized by the White House for use against automakers that struck a deal with deep-blue California over emissions standards for vehicles.

  • September 23, 2019

    Gov't Wins Trial In Suit Over Texas VA Surgery

    A Texas federal judge on Monday cleared the federal government of liability in a suit accusing a Veterans Affairs surgeon of causing a patient's nerve damage, finding the patient, a long-haul truck driver, had preexisting and long-term nerve damage due to his job.

  • September 23, 2019

    Attys Seek $3.4M In Fees From $42M GM Oil-Guzzling Deal

    Attorneys have asked a Florida federal judge to sign off on nearly $3.4 million in fees for their work negotiating an approximately $42 million deal with General Motors LLC to end consumers' proposed class claims that certain Chevrolet Equinox and GMC Terrain SUVs had defective oil-guzzling engines.

  • September 23, 2019

    Hertz Workers Strike Out For 3rd Time On $1.75M Wage Deal

    A California federal judge has rejected for a third time a $1.75 million settlement to end break and wage claims by a proposed class of more than 2,000 Hertz Transportation Inc. workers, while warning the workers they may only get one more chance to seek his approval of the deal.

  • September 23, 2019

    BP, Koch Can't End Superfund Suit With 'Petroleum Exclusion'

    An Illinois federal judge on Friday said a "petroleum exclusion" in the federal Superfund law doesn't bar claims against Koch Industries, BP and other businesses over the release of hazardous substances near a crude oil factory in Illinois, but did dismiss some parts of the case.

  • September 23, 2019

    Bridgegate Figure Seeks Ireland Trip Amid High Court Review

    One of the two former public officials ensnared in the so-called Bridgegate political revenge scandal is seeking a New Jersey federal judge's blessing to travel to Ireland amid a pending U.S. Supreme Court review of their convictions, citing the need to rebuild his life.

  • September 23, 2019

    Hyundai Suddenly Drops Pa. Dealership Recall Fraud Case

    Just days after the case was removed to federal court, Hyundai Motor America on Monday inexplicably dropped racketeering claims accusing a business associate of a pair of Pittsburgh-based auto dealerships of intentionally damaging hundreds of cars as part of a scheme to reap more than $5 million in unearned warranty coverage.

  • September 23, 2019

    Texas High Court Won't Weigh Drunk-Driving Coverage Row

    The Fifth Circuit refused Monday to seek the Texas Supreme Court's input on whether a drunken driving crash qualifies as an “accident” under a liability insurance policy, leaving intact its July ruling that Cincinnati Insurance Co. must cover a punitive damages award against an insured driver who hit another vehicle while intoxicated.

  • September 23, 2019

    Don't End Fight Over FERC Pipeline Approval, DC Circ. Told

    There's no reason why the Fourth Circuit's invalidation of a U.S. Forest Service authorization for the $7 billion Atlantic Coast gas pipeline should scuttle challenges to the Federal Energy Regulatory Commission's approval of the controversial project, the D.C. Circuit has heard.

  • September 23, 2019

    Aptiv, Hyundai Form $4B Self-Driving Joint Venture

    Ireland-based auto parts maker Aptiv and Hyundai Motor Group on Monday said they have agreed to form a $4 billion joint venture that aims to further develop self-driving vehicles.

  • September 23, 2019

    Thomas Cook Execs Face Investigation Over Collapse

    The U.K government announced it will launch a "fast-track" inquiry into the conduct of senior managers at Thomas Cook after the cash-strapped tour operator entered compulsory liquidation proceedings on Monday.

  • September 23, 2019

    Nissan, Ex-CEO Pay SEC $16M To End Compensation Claims

    Nissan Motor Co. Ltd. and its former CEO Carlos Ghosn agreed Monday to pay $15 million and $1 million, respectively, to settle U.S. Securities and Exchange Commission claims related to the alleged concealment of more than $140 million in retirement compensation.

  • September 20, 2019

    'Bored At Work' Baggage Handler Settles SEC's Scam Claims

    A former Nevada airline baggage handler has agreed to pay the U.S. Securities and Exchange Commission $204,288 to settle claims he lied about the legitimacy of his "Bored at Work" business in Facebook posts and duped hundreds of clients into letting him manage their retirement investments worth $172 million.

  • September 20, 2019

    Norfolk Southern Liable In Coal Shipping Dispute, Jury Finds

    The Norfolk Southern railroad could owe a coal seller millions after a federal jury found that the shipper had frozen the Alabama importer out of selling coal to East Coast power plants.

  • September 20, 2019

    Challenge To Musk's $55B Pay Package Beats Dismissal Bid

    Delaware's Chancery Court on Friday allowed a proposed class of Tesla Inc. stockholders to go forward with most of their challenge to the approval of a 10-year compensation plan for CEO Elon Musk that's worth up to $55 billion.

  • September 20, 2019

    FERC's Lone Dem Warns Of Climate Whitewashing On Orders

    The lone Democrat serving on the Federal Energy Regulatory Commission has suggested the agency is writing climate change out of its gas infrastructure project decisions, with the commission split along party lines in approving a Colorado gas pipeline and Florida liquefied natural gas project.

  • September 20, 2019

    EPA May Have Picked A Clean Air Fight With Calif. It Can't Win

    The Trump administration is on shaky legal ground and faces a difficult road ahead against a 23-state challenge to its bid to establish primacy over California in regulating greenhouse gas emissions from cars and other vehicles, experts say.

  • September 20, 2019

    Calif. Atty Beats Malpractice Suit Over Flawed Judgment

    The clock started ticking on a woman’s potential malpractice claim when it became clear a judgment her lawyer secured was unenforceable, not when she started paying another attorney to clean up the mess, a California appeals court said in a recent ruling that the woman’s suit had come too late.

  • September 20, 2019

    FHWA Looks To Nix Tribe's Suit Over RI Bridge Project

    The Federal Highway Administration pressed a Rhode Island federal court Friday to toss the Narragansett Indian Tribe's $30 million suit over a highway construction project, saying the agency hasn't made a final decision about the cultural impacts of the plan that can be challenged in court.

  • September 20, 2019

    VW, Audi, Bosch Escape Sales Reps' Lost Commissions Suit

    A California federal judge on Friday dumped a proposed class action from individual salespersons claiming they lost out on commissions from unsold cars after Volkswagen's emissions cheating scandal erupted in 2015, saying their fraud and racketeering claims were shaky and needed to be backed up with additional facts. 

  • September 20, 2019

    Hertz Wants To Redo Rental Fees Ruling, Fights Cert. Bid

    Hertz Corp. told an Illinois federal judge Thursday that a consumer shouldn’t be allowed to pursue claims that the company saddled renters with inflated extra fees, nor can she represent a class, and insisted the surcharges in dispute were valid.

  • September 20, 2019

    Chinese Creditors Try To Force Rail Car Co. Into Ch. 7 In Del.

    Chinese creditors of North Carolina-based Vertex Railcar Corp. have asked a Delaware bankruptcy court to force the troubled rail car builder into a Chapter 7 liquidation, claiming they’re owed roughly $45 million.

  • September 20, 2019

    States Launch Challenge To Trump Auto Emissions Policy

    California and 22 other states sued the Trump administration in D.C. federal court Friday over its elimination of the Golden State's right to create its own greenhouse gas emission standards for cars and other vehicles, the opening salvo in what will be a long and bitter legal fight.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

    Author Photo

    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • White Collar Cases And Trends To Watch At High Court

    Author Photo

    In the approaching U.S. Supreme Court term, white collar practitioners should follow Kelly v. United States for its potential to narrow criminal fraud law, along with three pending certiorari petitions, and the voting patterns of Justices Neil Gorsuch and Brett Kavanaugh, say Brook Dooley and Cody Gray at Keker Van Nest.

  • Tools For Energy And Infrastructure Minority Partners: Part 1

    Author Photo

    While majority parties in energy and infrastructure joint ventures have controlling rights over important business decisions, minority parties have some creative options for exerting influence beyond their ownership level, says Parker Lee of Hunton.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

    Author Photo

    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • 8 Takeaways From CFIUS' Proposed Risk Review Rules

    Author Photo

    The Committee on Foreign Investment in the United States’ draft regulations implementing the Foreign Investment Risk Review Modernization Act seem to focus on specific national security concerns, as opposed to taking a broader approach, which means they are significantly more complex than the pre-FIRRMA regime, say Christian Davis and Thor Petersen of Akin Gump.

  • Drone Deliveries Face Technological, Legal Hurdles

    Author Photo

    After years of anticipation, a handful of companies are getting closer to delivering packages in the United States by drone — but navigational and safety technologies are still maturing, and security, privacy and jurisdictional questions remain, says Caroline Gentry of Porter Wright.

  • Bargaining Rights Ruling Is A Major Change In NLRB Doctrine

    Author Photo

    The National Labor Relations Board's decision in M.V. Transportation, which abandons its long-standing requirement for a clear and unmistakable waiver of union bargaining rights before an employer can make unilateral changes, effects historic change in every collective bargaining relationship, with many immediate and long-term consequences, says Keith McCown at Morgan Brown.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

    Author Photo

    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Another Round In The Battle Over The Clean Water Act

    Author Photo

    The Obama-era Clean Water Rule used the full extent of federal power to protect the country's water under the Clean Water Act. Last week, that rule was repealed, giving more authority to states. At issue are questions of federalism and science, and a confusing U.S. Supreme Court case, says Allyn Stern of Beveridge & Diamond.

  • Classification Ruling Exhibits NLRB's Stance On Contractors

    Author Photo

    The National Labor Relations Board's recent Velox Express ruling that misclassifying workers does not violate the National Labor Relations Act shows that, unlike many other agencies and courts facing the issue, the board sees the independent contractor relationship as a legitimate alternative to the employer-employee model, say attorneys at Sheppard Mullin.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

    Author Photo

    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Calif. Dynamex Law Shifts Employment Landscape Drastically

    Author Photo

    With its hodgepodge carveout of job categories, a law signed Wednesday that codifies the California Supreme Court's worker classification decision in Dynamex is far from clear and will likely result in increased litigation with potentially devastating consequences for noncompliant businesses, says Eve Wagner at Signature Resolution.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

    Author Photo

    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

    Author Photo

    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • TM Rights Vs. Free Speech In Humvee Call Of Duty Case

    Author Photo

    The New York federal court case AM General v. Activision, involving use of the trademarked "Humvee" vehicle in a First-Amendment-protected video game, is set to have wide-ranging legal, creative and brand implications across a host of industries, says David Jacoby of Culhane Meadows.