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U.S. Supreme Court Declines to Hear Challenge to New Hampshire’s “Auto Dealer’s Bill of Rights”

The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more

Appellate Court Ruling Favors Economic Freedom, Marketplace Competition

On October 7, 2016, in Joe Sanfelippo Cabs, Inc. v. City of Milwaukee, Judge Posner, writing for the unanimous United States Court of Appeals for the Seventh Circuit, held that the City of Milwaukee’s decision to allow new...more

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

The New Supreme Court Term: Cases for the Automotive Industry to Watch

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

St. Louis Taxi Commission Not Immune From Uber’s Antitrust Suit

As we’ve written, Uber, the popular app-based car service, has been on the antitrust defensive, facing allegations that its algorithm for calculating prices restricts price competition. In Wallen v. St. Louis Metropolitan...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Money, Dirt and Steel: Fall 2016 Newsletter

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the...more

DOT Releases Autonomous Vehicles Guidelines - New AV Policy Sets a Course for Safety and Oversight

The highly anticipated Federal Automated Vehicles Policy (AV Policy), released yesterday, provides manufacturers direction on developing safer autonomous cars. In addition, NHTSA has presented a model guide for states on...more

Eleventh Circuit Holds That a Corporation Is Not Distinct From Its Agents For Purposes of a RICO Enterprise, Following Sister...

In Ray v. Spirit Airlines, Inc., No. 15-13792, 2016 WL 4578347 (11th Cir. Sept. 2, 2016), the United States Court of Appeals for the Eleventh Circuit held that a defendant corporation is not distinct from its own officers and...more

Eleventh Circuit Affirms Dismissal of RICO Claim in Hidden Fee Case

On September 2, 2016, the Eleventh Circuit affirmed dismissal of a civil RICO claim in Ray v. Spirit Airlines, Inc., a case that challenged Spirit Airlines’ reporting of fees to customers. The Eleventh Circuit’s affirmance...more

California Court Applies Strict Scrutiny to Reject Uber Class Settlement

A Northern District of California judge refused to preliminarily approve a class settlement of Uber customers who used its “Rideshare Services” in which Uber would have paid class members $28.5 million. The court was...more

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up...more

Caribbean Cruise Line Resolves Class Action for Potentially the Highest TCPA Settlement in History

The four-year long saga of Aranda, et al. v. Caribbean Cruise Line, Inc., et al. looks like it will finally be coming to an end. The plaintiffs, which include approximately 1 million individuals who received calls from...more

The Reef of Hanjin’s Woe: Will Chapter 15 Unlash Hanjin’s Sailors from the Mast?

On September 9, 2016, Hanjin Shipping Co. won a ruling protecting its assets in the U.S. against creditors, while the shipping line proceeds with its reorganization in South Korea. Hanjin filed for relief under Chapter 15 of...more

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

August 2016 Independent Contractor Misclassification and Compliance News Update

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Ambiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm...

In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its insurers for damages...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

The Second Circuit Court of Appeals Rules AMTRAK Is Not Entitled to Additional Insurance Proceeds for Superstorm Sandy-Related...

As the East Coast heads into hurricane season, the Second Circuit issued a timely decision in National Railroad Passenger Corp. v. Aspen Specialty Insurance Cor., 2016 U.S. App. LEXIS 16704 (2d Cir. Aug. 31, 2016). Amtrak...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Losing the right to limit: Privy Council confirms parties can contract out of the 1976 Limitation Convention

This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order...more

Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial Measures

In a matter of first impression, the Indiana Court of Appeals recently decided that a post-incident investigation is not an inadmissible subsequent remedial measure under Indiana Rule of Evidence 407....more

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