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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims

by Shearman & Sterling LLP on

On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions....more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

by Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

by Fisher Phillips on

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Defeating Proposed Common Issues—Lessons from Pro-Sys

by Bennett Jones LLP on

Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more

The benefit of hindsight: the Supreme Court resets the course of the New Flamenco, and the law on mitigation of damages

by White & Case LLP on

The much-anticipated judgment of the Supreme Court in Globalia Business Travel SAU (formerly TravelPlan SAU) of Spain v Fulton Shipping Inc1 ("The New Flamenco") has been handed down, overruling the Court of Appeal and...more

Court Refers Parts Dispute to FAA Under Primary Jurisdiction Doctrine

by Holland & Knight LLP on

A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more

The Stealthy Traffic Camera and the Class Action That Wasn’t

by Benesch on

Mobile speed units. Those mindless menaces squinting at everything that rolls down the road. Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed...more

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

Competition News - January 2017

by Dentons on

New decisions in France with regard to compensating the prejudice suffered by victims of anti-competitive practices - Any person who claims to be the victim of anti-competitive practices and wishes to seek compensation...more

Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment

On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more

Court Judgment Demands More from the UK Government to Tackle Air Pollution

by Latham & Watkins LLP on

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient. With air pollution reportedly responsible for 9,500...more

Lyft Obtains Dismissal Of FCRA Class Action

by Benesch on

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No....more

Eleventh Circuit Affirms Dismissal of RICO Claim in Hidden Fee Case

by Goodwin on

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

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

by Dorsey & Whitney LLP on

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?

by Bryan Cave on

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

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

Defeated North Carolina Class Action Ultimately Results in Victory for Landowners – NCDOT Loses Map Act Fight

by Moore & Van Allen PLLC on

What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No....more

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in...

by Pepper Hamilton LLP on

Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2016 U.S. App. LEXIS 6646, 819 F.3d 245 (5th Cir. Apr. 12, 2016) - This action arose out of a construction project in terminal E of...more

Court Curtails Relief For Age Discrimination Collective Action Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

What The $100M Uber Settlement Means To All Employers

by Fisher Phillips on

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

U.S. Supreme Court Steers Clear of Two Eminent Domain Cases

by Nossaman LLP on

In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year....more

Mitigation and the assessment of damages on early redelivery – “The New Flamenco”

by Reed Smith on

Mitigation and the assessment of damages on early redelivery – “The New Flamenco” - Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

by Reed Smith on

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

by Benesch on

Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

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