Transportation

  • April 12, 2021

    Delivery Co. Asks High Court For Atty Fees In IP Dispute

    Roadie Inc. asked the U.S. Supreme Court to review a Federal Circuit decision that it's not entitled to attorney fees under the Patent Act, despite beating its rival Baggage Airline Guest Services Inc.'s infringement suit for lost luggage technology, saying judicial discretion over fees in exceptional cases is "inconsistent and contradictory."

  • April 12, 2021

    White House Enviro Office Rescinds Trump-Era Guidance Rule

    The White House on Monday rescinded a January rule promulgated by the Trump administration that established procedures for guidance documents from the Council on Environmental Quality, saying the rule would interfere with its own priorities.

  • April 12, 2021

    Chilean Auto Importer Plans $200M Debt Cut In Ch. 11

    Chilean auto importer Automotores Gildemeister SpA has said it is preparing to file a prenegotiated plan to cut $200 million in debt in Chapter 11 with a New York bankruptcy court that is facing opposition from unsecured bondholders claiming the company is trying to "railroad" a cramdown of their claims.

  • April 12, 2021

    USMCA's Trade Rules Are Keeping Carmakers On Their Toes

    After spending nearly three decades acclimating to the North American Free Trade Agreement's complex web of rules, the U.S. car industry once again finds itself in the middle of a steep learning curve as the U.S.-Mexico-Canada Agreement goes into effect.

  • April 12, 2021

    Volkswagen Liable For Lost Wages, Workers Tell 9th Circ.

    Volkswagen salespeople told the Ninth Circuit that the automaker is liable for wage violations at California franchises because it controlled their pay and ability to work, contrary to a lower court ruling saying the company is not a joint employer with the dealerships.

  • April 12, 2021

    Slain Driver's Family Says Uber Can't Slip Wrongful Death Suit

    The family of a Seattle-area Uber driver killed by two passengers in a suspected attempted carjacking said Monday that Uber cannot dodge a negligence suit alleging its failure to screen new customers and bar fake rider accounts on its app contributed to the driver's wrongful death.

  • April 12, 2021

    Ky. Latest State To Enact COVID-19 Liability Shield Law

    Kentucky has enacted a law that shields businesses and health care providers from COVID-19 injury and death lawsuits, following Florida as the latest state to provide a legal safe haven for businesses amid the pandemic.

  • April 12, 2021

    7th Circ. Revives Auto Worker's Race Bias Suit Against Union

    The Seventh Circuit on Monday revived a former GM worker's lawsuit accusing a United Auto Workers local of racial discrimination for dropping a grievance over his firing without telling him, saying the union's alleged unwillingness to share information might excuse the suit's lateness.

  • April 12, 2021

    Norfolk Southern Can't Derail Worker's Disability Bias Battle

    A former rail machinist's disability discrimination case against Norfolk Southern Railway Co. was cleared to move ahead Monday by a Pennsylvania federal judge who found there are too many unanswered questions in the case to give the rail company a win.

  • April 12, 2021

    Insurance Co. Wants Out Of $20M Suit Over Fatal Auto Crash

    Great American Insurance Co. has asked a Georgia federal judge to declare it's not obligated to indemnify several construction companies facing $20 million in wrongful death claims stemming from a motorcycle crash.

  • April 12, 2021

    Energy Giants Cite 2nd Circ. In Bid To Sink DC Climate Suit

    Chevron Corp. and other energy giants on Friday told a D.C. federal court that it shouldn't remand the District of Columbia's lawsuit seeking climate change-related infrastructure damages in light of the Second Circuit's decision affirming the dismissal of New York City's similar suit.

  • April 12, 2021

    Travelers Gets Sanctions Lifted In Caterpillar Discovery Fight

    An Illinois appellate court has vacated a contempt and sanctions order against a Travelers unit for failing to produce certain unredacted documents in an insurance dispute over coverage of a $46 million settlement in a lawsuit against Caterpillar Inc.

  • April 12, 2021

    Construction Material Cos. Say Driver Can't File OT Action

    Construction material companies tried to chuck a collective action claiming they cheated drivers of overtime pay by misclassifying them as independent contractors, saying the workers signed away their right to collective litigation in their contracts.

  • April 12, 2021

    3 Firms Drive $1.7B Purchase Of Golf Cart Maker By PE Firm

    Private equity firm Platinum Equity will pay roughly $1.7 billion to purchase golf cart maker Club Car from industrial product manufacturer Ingersoll Rand, the companies said Monday, in a deal steered by Simpson Thacher, Morgan Lewis and Wilkie Farr.

  • April 12, 2021

    Teamsters Say Transit Co. Violated Worker's Arbitration Win

    A Reno, Nevada, transportation contractor has ignored an arbitrator's order requiring it to rehire and pay back wages to a dispatcher it fired after she fell asleep at the wheel following a long shift, a Teamsters local has alleged in a federal lawsuit.

  • April 12, 2021

    Norwegian Cruise Line Escapes Investors' Virus Fraud Suit

    A Florida federal judge on Monday tossed a proposed class action alleging Norwegian Cruise Lines ran a "top-down" deceptive sales campaign downplaying the pandemic to stave off revenue losses, finding that the investors who filed suit did not show the company made material misrepresentations.

  • April 12, 2021

    Release Too Broad For Honda 'Infotainment' Settlement

    A California federal judge has denied preliminary approval to a settlement aimed at resolving claims that the touch screen systems in American Honda Motor Co. Inc. vehicles are defective, saying the deal's release clause would block claims not related to the complaint.

  • April 11, 2021

    Korean Battery Cos. Avert Import Ban With $1.8B Settlement

    South Korean battery maker SK Innovation agreed to pay $1.8 billion to settle a bitter trade secrets dispute with rival LG Energy Solution Sunday, averting a sweeping U.S. import ban that could have jeopardized the Biden administration's electric vehicle push.

  • April 09, 2021

    Uber Revives Prop 22 Retroactivity Issue In Calif. Wage Suit

    A California federal judge on Friday walked back a statement he made when agreeing earlier this year to certify a class of nearly 5,000 Uber drivers, saying that the court would not decide yet whether a new law pertaining to gig-economy drivers is retroactive. 

  • April 09, 2021

    Teamsters' Payroll Suit A 'Minor Dispute,' CSX Says

    CSX Transportation Inc. urged a Kentucky federal judge Friday to send to arbitration a lawsuit brought by the Teamsters alleging the railroad company violated federal labor law by unilaterally implementing an error-prone electronic payroll system and requiring workers to report to their shifts early, dubbing it a "minor dispute."

  • April 09, 2021

    Colo. Restaurant Resists Ill. Group's Entry In GrubHub Row

    Restaurants suing GrubHub for false advertising in Colorado federal court have joined the food delivery giant in opposing a bid by eateries in an Illinois suit to get in on a proposed settlement, saying they can state their case later if the deal wins approval.

  • April 09, 2021

    Logistics Co. Settles New Jersey AG's Pregnancy Bias Claims

    A New Jersey fulfillment company has agreed to settle the Garden State's allegations that it forced a pregnant worker to take unpaid leave rather than modifying her duties to allow more bathroom breaks and less heavy lifting, the New Jersey attorney general's office announced Friday.

  • April 09, 2021

    Workers' Comp. Act Doesn't Protect Co. In Rollover Suit

    A Texas appeals court has revived a truck driver's suit against his employer, alleging it caused a rollover accident by making him drive for too long, saying the state's workers' compensation law doesn't block allegations that the company intentionally injured him.

  • April 09, 2021

    Biden Admin. Won't Halt Dakota Access Pipeline Operations

    Even after over two months in power, the Biden administration told a D.C. federal judge Friday that it hasn't decided whether to force the Dakota Access Pipeline to shut down pending a fresh review of its environmental impacts.

  • April 09, 2021

    Insurer Says Military Bias Suit Would Upend Gov't-OKed Rates

    An insurer that offers services to military members slammed claims that it discriminated against service members by charging them higher rates than officers, telling a California federal court that a proposed class action threatens its government-approved process of 30 years.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Rebuttal

    Circuit Split On Class Action Ascertainability Is Disappearing

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    While a recent Law360 guest article suggested a significant circuit split on the issue of class action ascertainability, a review of recent decisions across federal circuits indicates that any such split is rapidly vanishing, as appeals courts reach consensus on the issue, says Leslie Brueckner at Public Justice.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Opinion

    Consider Benefits Of Carbon Emissions Alongside Costs

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    The Biden administration's recently announced social cost of carbon estimate will be used to calculate adverse impacts from many different activities and industries, but Poe Leggette at BakerHostetler argues that the social benefits of carbon emissions connected to food, shelter, and other goods and services have not been given enough attention.

  • A Call For Greater Clarity Around SEC Cooperation Credit

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    The U.S. Securities and Exchange Commission’s decision not to fine Gulfport Energy in a recent enforcement action over disclosure failures highlights the need for SEC guidance on the benefits a company will receive for cooperating with agency investigations, say Robert Cohen and Brook Jackling at Davis Polk.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Opinion

    High Court Int'l Discovery Case Fits Mootness Exception

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    Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

  • What Ford Ruling Clarifies About Personal Jurisdiction

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    The U.S. Supreme Court's decision in Ford Motor Co. v. Montana Eighth Judicial District Court leaves many questions about personal jurisdiction unanswered, but it does shed light on whether causation is necessary and whether jurisdictional facts matter, say attorneys at Arnold & Porter.

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • Recent Developments Muddle Texas Auto Insurance Rule

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    Though Texas policyholders have historically needed to establish legal entitlement before recovering underinsured or uninsured motorist benefits under an auto policy, recent court decisions and potential legislation have created some confusion, say Samantha Halpern and Harrison Yoss at Thompson Coe.

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