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Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

Seaman’s Remedies Under General Maritime Law

by Lane Powell PC on

Ninth Circuit Determines Punitive Damages are Available to an Injured Seaman for General Maritime Law Unseaworthiness Claims. On January 23, 2018, a panel of the Ninth Circuit held that an injured seaman asserting a...more

Nationwide class actions: dangling on a precipice?

An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement agreement unraveled after...more

Step On A Crack; Break Your Mother's Back

by SmithAmundsen LLC on

Most of us know the old rhyme, “Step on a crack, you’ll break your mother’s back.” It also means you might just break your leg, hurt your back, or worse. We all know that transportation companies are more than just about...more

The Ninth Circuit’s Decision In In Re Hyundai Underscores The Challenges Of Certifying Nationwide Classes

by Foley & Lardner LLP on

Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more

OTA & Travel Distribution Update - Airbnb announces first outside board member; California litigation against Airbnb not over yet;...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update is below and features a number of stories on Airbnb and its many recent announcements. There seems to be no end to the news coming out of Airbnb these days as it prepares for an...more

After Escobar, Materiality Matters

by Husch Blackwell LLP on

Contractors are now familiar with the Supreme Court’s June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar [PDF]. That decision recognizes False Claims Act liability for implied false...more

Has the Ninth Circuit Overhauled Nationwide Settlement Classes?

by McGuireWoods LLP on

Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations...more

The Ninth Circuit’s Hyundai Decision Is Regrettable But Forgettable

by Kelley Drye & Warren LLP on

This week, by a 2-1 vote, a Ninth Circuit panel reversed a district court’s approval of a massive class action settlement involving Hyundai’s and Kia’s allegedly inflated statements of fuel efficiency. The majority’s long...more

D.C. Circuit Decision Puts More Pressure On Databases To Be Reliable

by King & Spalding on

Earlier this month, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) found that inaccuracies in the Department of Transportation’s (“DOT”) trucking database, when shared to...more

Montreal Convention Statute of Limitations Does Not Apply to Contributions Claims, S.D.N.Y. Holds

by Benesch on

In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

OTA & Travel Distribution Update - Airbnb avoids liability for lease violations; Short-lived successes at Room Key; Hopper makes...

by Garvey Schubert Barer on

The first installment of our weekly OTA & Travel Distribution Update for 2018 is below. A mix of stories in this week’s Update....more

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

The Early Effects of Bristol-Myers Squibb on Aviation Product Liability Actions

by Lane Powell PC on

Transportation Legal Update - As practitioners know, courts may exercise personal jurisdiction where the defendant is essentially “at home” in the jurisdiction (general jurisdiction), or where the suit arises out of or...more

Old Republic, New World – Personal Jurisdiction Trending Defendant Friendly

by Morrison & Foerster LLP on

In a recent decision regarding the scope of personal jurisdiction, the Tenth Circuit Court of Appeals extended the recent trend of limiting the reach of personal jurisdiction over out-of-state defendants. Old Republic...more

Whether Third Party Acts are Attributable to Infringer in a Divided Infringement Situation is Question of Fact

In Travel Sentry, Inc. v. Tropp, [2016-2386, 2016-2387, 2016-2714, 2017-1025] (December 19, 2017), the Federal Circuit vacated summary judgment of non-infringement, finding genuine disputes of material fact regarding whether...more

Montreal Convention Liability Could Be Expanding – What You Need To Know

by Benesch on

A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

Common Defect Found in Multiple-Model Product Liability Class Action

by Bennett Jones LLP on

In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after...more

OTA & Travel Distribution Update - Dec. 8th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending December 8, 2017 is below. OTA powerhouses, Expedia and Booking.com, feature prominently in this week’s Update....more

Aviations Happenings - Winter 2017

In this issue - 3D Printing: Not Your Old Dot Matrix Printer! - • District Court Again Upholds $2.8 Million Verdict Against Engine Manufacturer in Plane Crash Litigation - • Nebraska Supreme Court Upholds Defense...more

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

by Holland & Knight LLP on

Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

Drivers Beware: A Seemingly Safe And Legal Driving Maneuver Could Come With Potentially Life-Changing Hazards

by Fraser Trebilcock on

For more than 30 years, Fraser Trebilcock attorney Gary Rogers has handled automobile negligence litigation. Recently, he has litigated a number of claims arising out of what you might think would be a rather safe driving...more

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