With AI use on the rise, judges across the country are updating their standing orders to address how the technology may (or may not) be used in their courtrooms. As rules regarding AI use make their way into more standing...more
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The National Highway Traffic Safety Administration (NHTSA) has amended its Standing General Order 2021-01 (SGO) concerning crash reporting for vehicles with automated driving systems (ADS) or SAE Level 2 advanced...more
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Gov. Tom Wolf has signed into law a bill that makes sweeping changes to Pennsylvania’s Vehicle Code. The law paves the way for commercial driverless operations of Autonomous Vehicles (AVs) while still maintaining...more
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New Jersey State Representative Paul Moriarty (D - Camden and Gloucester) has formally proposed a new bill to prohibit auto manufacturers and dealers from offering subscriptions for vehicle features if the...more
Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more
7/31/2020
/ Automotive Industry ,
Breach of Warranty ,
CAFA ,
Class Action ,
Class Representatives ,
Diversity Jurisdiction ,
Express Warranty ,
Fee-Shifting ,
Implied Warranties ,
Magnuson-Moss Act ,
Manufacturing Defects ,
Putative Class Actions ,
State Law Claims ,
Subject Matter Jurisdiction
A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more
Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more
The U.S. Department of Transportation (DOT) has released its third round of guidance for autonomous vehicles, Preparing for the Future of Transportation: Automated Vehicles 3.0 (AV 3.0)....more
10/9/2018
/ Automotive Industry ,
Connected Cars ,
Department of Transportation (DOT) ,
Driverless Cars ,
FMVSS ,
Infrastructure ,
Motor Vehicles ,
NHTSA ,
Regulatory Oversight ,
Required Communications ,
Safety Standards ,
Technology Sector
In a sweeping, and arguably results-oriented opinion, the district court overseeing the General Motors ignition switch multidistrict litigation recently ruled that in roughly half of the nation's jurisdictions, a plaintiff...more
Following last month's dismissal in Preston v. American Honda Motor Company, No. 18-cv-00038 (C.D. Cal. May 24, 2018), a California federal judge on Monday dismissed yet another putative class action, Heber v. Toyota Motor...more
The National Highway Traffic Safety Administration (NHTSA) announced this week the Trump administration's first significant guidance concerning autonomous vehicles and Automated Driving Systems (ADS)....more
Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more
The Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) has provided much-anticipated guidance to manufactures of automated vehicles with the release of the new Federal Automated...more
Tesla Motors acknowledged in a press release last week the first known fatal crash involving a vehicle operating in semi-autonomous mode. The report comes at a pivotal time for the automotive industry, with states beginning...more
The Environmental Protection Agency’s (EPA) issuance of a notice of violation last week to Volkswagen AG, Audi AG, and Volkswagen Group of America, Inc. (collectively Volkswagen) appears to have further validated EPA’s and...more
In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more
7/27/2015
/ Antitrust Litigation ,
Appeals ,
Article III ,
Class Action ,
Comcast ,
Comcast v. Behrend ,
Design Defects ,
FRCP 23(b)(3) ,
Prudential Insurance ,
Putative Class Actions ,
SCOTUS ,
Standing ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Volvo
For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more