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Consumer Protection Transportation Civil Procedure

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

A Year-End Summary of Recent Railroad Preemption Cases

by Lane Powell PC on

Railroads have long defended certain state law tort claims in crossing accident and trespasser cases by invoking the doctrine of federal preemption. The past year is no exception. Although the discussion of the cases below is...more

Cruise Passenger Protection Act: A Proposed Step Toward Uniform Passenger Legal Rights - But Major Regulatory Compliance...

by Holland & Knight LLP on

• The Cruise Passenger Protection Act of 2017, a U.S. Senate bill introduced as S.1502 on June 29, 2017, proposes a broad range of notice, procedural and oversight provisions for the cruise line industry. The bill is designed...more

Sabre Appeals to the Second Circuit After $15M Jury Verdict for US Airways

Last week, Sabre filed its principal brief on appeal to the Second Circuit Court of Appeals, seeking to overturn the jury’s verdict of $15 million and find for Sabre or, in the alternative, grant a new trial in US Airways...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - May 2017

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

by Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Advertising Law - October 2016 #4

New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat...more

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

by Cozen O'Connor on

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...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

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

by Perkins Coie on

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

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

by Cozen O'Connor on

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

NHTSA Issues Recommended Best Practices for Protective Orders and Settlement Agreements in Private Litigation

by Foley & Lardner LLP on

The National Highway Traffic Safety Administration (NHTSA) last week issued “Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation,” which is...more

Uber Settles Class Action Over “Safe Rides” Fee

by Bryan Cave on

Uber announced that it has reached a settlement in two putative class action lawsuits, Philliben v. Uber Technologies, Inc. and Mena v. Uber Technologies, Inc., which alleged that Uber’s labeling of a $1 charge as a “Safe...more

TCPA class action against Sabre (Hawaiian Airlines) tossed out

Last week, the Ninth Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Sabre Inc. (Sabre) because the court determined that the lead plaintiff, Shaya Baird, had consented to receiving text...more

California Environmental Law & Policy Update - February 2016

by Allen Matkins on

Environmental and Policy Focus - California extends mandatory water cuts despite growing snowpack - Sacramento Bee - Feb 2 - California’s drought regulators agreed Tuesday to extend water conservation mandates...more

Airfreight cartel decision grounded, sky-high fines annulled

by Bryan Cave on

On 16 December 2015, the General Court of the European Union overturned the European Commission’s 9 November 2010 Airfreight decision (Case C.39258) and, in doing so, annulled one of the largest fines imposed in EU...more

Polar Air Cargo Settles Antitrust Claims for $100 Million

A settlement agreement last week in the long-running U.S. Cargo Antitrust Class Action brought the settlement fund in that case to over $1.1 billion. Polar Air Cargo, Polar Air Cargo Worldwide, and Atlas Air Worldwide...more

EU General Court Overturns EU Commission’s Decision to Fine Airlines €790 Million in Connection with Price-Fixing Cartel

On December 16, the General Court of the European Union, the second highest court in the EU, overturned the decision of the European Commission, the EU’s competition authority, to fine 11 airlines a total of €790 million...more

Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?

by Morrison & Foerster LLP on

On November 21, 2015, the Unmanned Aircraft Systems Registration Task Force Aviation Rulemaking Committee, chartered by the FAA, issued its Final Report to the FAA containing the Task Force’s recommendations for how the FAA...more

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

“Airline Collusion” Private Class Actions

Last week, we discussed public reports of an investigation by the DOJ of four major airlines (American, Delta, Southwest, and United) regarding possible collusion. Over the past two months, a number of consumers have filed...more

BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

by DLA Piper on

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

Take-Off Denied for Airline Fuel Surcharge Class Action

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more

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