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eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

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

Condemnation Risk Planning: Denial Is Not A Strategy

In the past, few Puget Sound property owners or their business tenants would have given a moment’s thought to identifying contingencies for the prospect of a condemnation. Today’s environment is very different. Sound Transit...more

Court Ruling Means We’re One Step Closer To A Unionized Gig Economy

by Fisher Phillips on

The battle over organizing workers in the on-demand economy continues to heat up. Yesterday, a federal court in Washington dismissed a lawsuit filed by the U.S. Chamber of Commerce and others challenging the City of Seattle’s...more

Class Action Suits Against Massachusetts Car Dealers on the Rise

by Mintz Levin on

Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...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

Immigration Alert: Travel Ban Partially Reinstated

by Vedder Price on

On January 27, 2017, President Trump issued an Executive Order banning visa issuance and travel to the United States for all refugees and travelers from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for...more

Supreme Court Partially Revives President’s Travel Ban, But Imposes Limitations

by Fisher Phillips on

The U.S. Supreme Court announced this week that portions of the controversial Executive Order No. 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States” (known informally as the “travel ban”),...more

U.S. Supreme Court Rules on Travel Ban

by Mintz Levin on

On June 26, 2017 the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a...more

The United States Supreme Court Allows Part of President Trump’s Travel Ban to Move Forward, Will Hear Case on its Merits

Yesterday, the U.S. Supreme Court issued a unanimous order lifting part of the injunction that had been placed against President Trump’s March 6 Executive Order that established a travel ban on certain people entering the...more

U.S. Supreme Court Rules on Travel Ban

Today the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a partial...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

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

by Genova Burns LLC on

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

Seattle’s Attempt to Unionize On-Demand Economy Dealt First Blow

by Fisher Phillips on

Not two weeks ago, we discussed several active court cases seeking to challenge the City of Seattle’s first-of-its-kind ordinance aimed at unionizing ride-sharing drivers, pointing out that the battle was about to reach a...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

by Fisher Phillips on

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

Latest Misclassification Settlement Fails To Lyft Sharing Economy Companies

by Fisher Phillips on

Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more

Court Deals Setback to Trump's Immigration Policy

by Butler Snow LLP on

A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the...more

Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban

by Jackson Lewis P.C. on

In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban. The Court found in favor of the State of Washington on all of its arguments and held that the...more

Sheppard Mullin Travel Advisory and Immigration Update

The last two weeks in Washington have been very eventful in the immigration field. In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have...more

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