Transportation

  • October 11, 2019

    'Reptile Theory' Claim Can’t Cut $27M Road Rage Crash Award

    An Oregon federal judge on Friday declined to trim a jury's $26.5 million verdict against two transportation companies and their drivers for causing a fatal highway road-rage incident, rejecting one company's argument that victims' counsel improperly invoked the "reptile theory" trial technique to sway the jury.

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    3rd Circ. Upholds Nike, Port Authority Wins In Title VII Rulings

    In two opinions Friday, Third Circuit panels upheld lower court rulings granting early judgment in favor of the Port Authority of New York and New Jersey and Nike Inc. in Title VII suits brought by two former employees that alleged discrimination and retaliation.

  • October 11, 2019

    Collision Victim Doesn’t Need Expert In Brain Injury Case

    A man who claims he suffered a traumatic brain injury after a truck collision doesn’t need expert testimony to show the accident caused his injury, an Illinois federal judge said on Friday, noting that other evidence can establish whether he had a brain injury before the collision.

  • October 11, 2019

    Boustani Heads To Trial In $2B Mozambique Fraud Case

    The long-awaited trial of Privinvest executive Jean Boustani over his role in a securities fraud, bribery and kickback scheme involving $2 billion in Mozambican government loans is scheduled to commence on Tuesday.

  • October 11, 2019

    NJ Denies Permits For $1B PennEast Pipeline

    The New Jersey Department of Environmental Protection has declined to issue the state permits PennEast LLC needs to proceed with its planned $1 billion pipeline, Gov. Phil Murphy said Friday in a Twitter post highlighting the latest setback for the closely watched project.

  • October 11, 2019

    4th Circ. Pauses Review Of FWS Permit For $5B Pipeline

    The Fourth Circuit on Friday blocked the U.S. Fish and Wildlife Service's authorization for the Mountain Valley gas pipeline amid a legal challenge, and stayed the case until January to allow the agency to finish consulting with the Federal Energy Regulatory Commission on the project's impacts.

  • October 11, 2019

    FedEx Beats ADA Suit From Worker Who Attempted Suicide

    An Alabama federal judge has tossed a FedEx Freight Inc. worker's Americans with Disabilities Act suit claiming he was wrongly barred from continuing work as a road driver for a year after a suicide attempt, saying the company reasonably found that the federally recommended time period should apply to him.

  • October 11, 2019

    Hill Wallack Builds Condo Group With 4 Attys, New Office

    Hill Wallack LLP has bolstered its community associations group with the addition of four attorneys in a new location that builds the firm’s southern New Jersey imprint and expands manpower in a growing practice area, firm leaders said.

  • October 11, 2019

    US Foods, Disney Object To $135M Deal In Truck Engine Row

    Disney and U.S. Foods are among truck fleet owners objecting to a $135 million settlement between Navistar Inc. and a proposed class of truck buyers, saying the deal is inadequate and unfair because it fails to compensate them for the diminished market value of trucks with defective diesel engines.

  • October 11, 2019

    Mountain Valley Pipeline Pays $2M To End Va. Pollution Suit

    Developers of the $5 billion Mountain Valley gas pipeline will pay a $2.15 million civil penalty to resolve allegations it violated Virginia environmental laws and its Clean Water Act permit during construction of the project, the Virginia Attorney General's Office said Friday.

  • October 11, 2019

    Tour Buses 'Thumbed Nose' At Health Care Law, SF Says

    San Francisco slapped the operators of the City Sightseeing tour bus service with a lawsuit claiming they refused to shell out health insurance payments for over 200 workers, violating a city law requiring employers to provide affordable health care.

  • October 11, 2019

    Construction Co. Says It's Owed $1.6M For Vegas Road Work

    A construction materials subcontractor still has not been paid about $1.6 million of what it’s owed for providing precast concrete products for a Las Vegas road project, the company told an Arizona federal court.

  • October 11, 2019

    Hyundai, Kia Set Aside $758M To End Suits Over Engine Fires

    Hyundai and its affiliate Kia on Friday said that they have earmarked up to $758 million to settle class actions over a defect that allegedly caused engines of cars in the U.S. and South Korea to burst into flames.

  • October 11, 2019

    3 Firms Guide €1.5B Mexican Toll Route Sale

    Toll road management company Albertis said Friday that it has agreed to buy a majority stake in Mexican competitor Red de Carreteras de Occidente, which operates a route that includes Mexico City and Guadalajara, for roughly €1.5 billion ($1.7 billion) in a deal that saw Fried Frank and Rico Robles Libenson y Bernal advise the sellers.

  • October 11, 2019

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

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 11, 2019

    Atty Escapes Suit Claiming He Hid Ties To Day Pitney

    A New Jersey state judge on Friday nixed a malpractice action following a former United Parcel Service driver’s failure to appear for a deposition in his suit alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • October 10, 2019

    Bottle Co. Manager Dodges Prison For Recycling Scam

    A New York federal judge on Thursday declined to send a bottle collection company manager to prison for what prosecutors say was a $1.5 million scheme to overbill for the empty beverage containers the company delivered back to Pepsi and Canada Dry for recycling.

  • October 10, 2019

    Amid Turmoil, Nissan Names New Legal Head

    Nissan Motor Co. Ltd. has replaced its legal department head, who cooperated with Japanese prosecutors before the 2018 arrest of the company's former chairman amid misconduct claims, with a longtime executive of the business, the automaker said this week.

  • October 10, 2019

    Investors' Securities Fraud Class Claims Fall Short In Pa.

    A Pennsylvania federal judge on Wednesday axed a proposed securities class action against a semiconductor manufacturer after finding that investors failed to allege the company and a top executive had knowingly made misleading statements in financial disclosures.

  • October 10, 2019

    8th Circ. Undoes Werner Student Truckers' FLSA Win

    The Eighth Circuit on Thursday scrapped a nearly $800,000 damages award won by a massive class of student truck drivers accusing Werner Enterprises Inc. of violating federal labor and state wage laws, saying the lower court improperly let the drivers file late expert reports before trial.

  • October 10, 2019

    Army Corps Seeks Win In Tribes' Dakota Access Suit

    The U.S. Army Corps of Engineers on Wednesday asked a D.C. federal judge to grant the agency a win in four Native American tribes' challenge to the Dakota Access pipeline, arguing it sufficiently consulted the tribes and performed the environmental review that the court demanded.

  • October 10, 2019

    Construction Cos. Fight Sanctions Bid Over Email Deletion

    A group of construction companies’ deletion of old emails was part of a pre-existing document retention policy, not an effort to destroy evidence, the companies and their executives told a Wisconsin federal court in a bid to avoid sanctions.

  • October 10, 2019

    FedEx Says Export Crackdown Violates Due Process Rights

    FedEx Corp. pushed back Wednesday at the federal government's bid to exit its suit over new export regulations, telling a D.C. federal court that the rules made some international deliveries impossible and violated its constitutional right to due process.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • State Net

    States May Slow Spread Of Vehicle Subscription Services

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    Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Opinion

    Automated Vehicle Users Should Not Be Forced To Arbitrate

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    Self-driving vehicles could bring greater safety, sustainability and accessibility, but a majority of Americans still distrust the technology — and if automated vehicle companies force passengers to consent to arbitration to resolve disputes, they will further slow public embrace of AVs, say researchers Austin Brown and Gordon Anderson.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • High Court's Knick Ruling May Hinder Calif. Public Agencies

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    The U.S. Supreme Court's decision in Knick v. Scott allowing plaintiffs to file takings and inverse condemnation lawsuits in federal court may mean that California landowners no longer need to exhaust judicial remedies first, possibly discouraging public agencies from undertaking legal actions, says Gene Tanaka of Best Best.

  • Options For Calif. Franchisors After New Contractor Standards

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    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • State Net

    Battles Still Rage Over Calif. Data, Worker Classification Laws

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    California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

  • 6th Circ. Ruling May Weaken Key Benefit Of Int'l Arbitration

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    In one of the most anticipated international arbitration decisions in years, Abdul Latif Jameel Transportation v. FedEx, the Sixth Circuit departed from its sister courts and — to the chagrin of longtime practitioners — ruled that U.S. parties may be ordered to produce evidence in foreign international arbitrations, say Richard Deutsch and Sarah Holub of McGuireWoods.

  • EPA Misses The Irony In Its Calif. Emissions Waiver Rollback

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    U.S. Environmental Protection Agency Administrator Andrew Wheeler criticized California's poor air quality when he withdrew the state's waiver to regulate vehicle emissions more stringently than the EPA. But California's air pollution problem was precisely the reason Congress provided for such waivers in the first place, says Seth Jaffe of Foley Hoag.

  • What To Look For In White Collar Cases This High Court Term

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    Several upcoming U.S. Supreme Court decisions — involving such varied issues as criminal procedure, statutory interpretation and public corruption — may see traditional liberal-conservative fault lines fall by the wayside and may have a notable impact on white collar criminal defense practice, say Harry Sandick and Jacob Newman of Patterson Belknap.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Opinion

    California's Dynamex Law Will Erode Entrepreneurship

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    From a small-business perspective, California's worker misclassification law codifying the state supreme court's Dynamex decision is an invasive move that threatens entrepreneurship, particularly for the trucking industry, says Greg Feary of Scopelitis Garvin.

  • The Latest Carbon Market Developments: Part 2

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    The Democratic primary debates and a proliferation of bills in Congress make it clear that carbon pricing will be a significant issue in the 2020 U.S. elections — and a host of international pilot programs for carbon emissions credit trading suggest even more interest in the subject abroad, say attorneys with Beveridge & Diamond.