Automotive

Regulation and litigation surrounding auto safety and manufacturing.

Daily Report Online |News

Jury Awards $151M in Ford Rollover Trial

Katheryn Tucker | Amanda Bronstad | February 19, 2019

Following a contentious two-week trial, the jury awarded $51.791 million for compensation and $100 million in punitive damages, finding Ford at fault for claims of design defect and negligence. Ford said it will appeal.
Litigation Daily |News

Dallas Jury Slams Honda With $37M Verdict

Katheryn Tucker | February 15, 2019

The jury apportioned 63 percent of the fault to Honda, for a total of $23.7 million. The jury apportioned 32 percent of the fault to the driver, who was not a party to the case, and 5 percent to the plaintiff, 27-year-old Sarah Milburn.
Texas Lawyer |News

Dallas Jury Hits Honda With $37M Verdict

Katheryn Tucker | February 15, 2019

The jury apportioned 63 percent of the fault to Honda, for a total of $23.7 million. The jury apportioned 32 percent of the fault to the driver, who was not a party to the case, and 5 percent to the plaintiff, 27-year-old Sarah Milburn.
The Recorder |News

Lyft Bashes EPA for 'Head-Scratching' Drive to Relax Car Pollution Rules

Cheryl Miller | February 14, 2019

"Efficient vehicles mean more earnings for drivers, cheaper rides for passengers, and a better business for Lyft," the company's lawyers at Washington's Harris, Wiltshire & Grannis said in a D.C. Circuit filing.
Litigation Daily |News

In Amicus Brief, Lyft Bashes EPA for 'Head-Scratching' Drive to Relax Car Pollution Rules

Mike Scarcella | February 14, 2019

"Efficient vehicles mean more earnings for drivers, cheaper rides for passengers, and a better business for Lyft," the company's lawyers at Washington's Harris, Wiltshire & Grannis said in a D.C. Circuit filing.
Daily Business Review |News

Windshield Damage Incentive Program Drives House Debate

Jim Saunders | February 14, 2019

After a lengthy debate, a House panel approved a bill that would prevent auto-glass shops from offering cash, gift cards and other incentives to motorists to attract windshield-repair work.
Litigation Daily |Commentary

Daily Dicta: In $800M Fiat Settlement, Bob Giuffra and Elizabeth Cabraser Prove Civility Pays Off

Jenna Greene | February 13, 2019

Litigation doesn't have to be a war—just ask Robert Giuffra Jr. and Elizabeth Cabraser.
The Recorder |Commentary

In $800M Fiat Settlement, Bob Giuffra and Elizabeth Cabraser Prove Civility Pays Off

Jenna Greene | February 13, 2019

Litigation doesn't have to be a war—just ask Robert Giuffra Jr. and Elizabeth Cabraser.
Daily Business Review |

Goldberg & Rosen Attorneys Net More Than $5 Million for Client Injured in Car Crash

Zach Schlein | February 11, 2019

With the help of attorney Zachary Bodenheimer, the brotherly duo of Brett and Judd Rosen fought an uphill battle to argue for an unlikely client in litigation over a life-altering accident.
Law.com |News

Judge Restarts Emissions Class Action Against Mercedes-Benz

Amanda Bronstad | February 05, 2019

In his Feb. 1 order, U.S. District Judge Jose Linares in New Jersey refused to dismiss most of the claims in the case, citing rulings in emissions cases involving other automakers.
Litigation Daily |News

Judge Greenlights Emissions Class Action Against Mercedes-Benz

Amanda Bronstad | February 05, 2019

In his Feb. 1 order, U.S. District Judge Jose Linares in New Jersey refused to dismiss most of the claims in the case, citing rulings in emissions cases involving other automakers.
New York Law Journal |Analysis

'Or Marihuana': Amendment to VTL §1192(1) Should Be Passed

Steven B. Epstein and Alexander R. Klein | February 05, 2019

VTL §1192(1) suffers a shortcoming that will render it anachronistic in the near future.
The Legal Intelligencer |News

New Class Actions Pile Up in Wake of Pa. Justices' 'Seismic' Stacking Ruling

Max Mitchell | February 01, 2019

Just how far back the Supreme Court's Jan. 23 opinion in Gallagher v. Geico reaches is one of many new issues attorneys are now set to begin litigating in the wake of the ruling.
The Legal Intelligencer |

Jury Awards $12.9M to Man Run Down by Union Vehicle

P.J. D'Annunzio | January 31, 2019

A Philadelphia jury has awarded $12.9 million to a man struck by a trade union vehicle being operated by an intoxicated, nonunion employee.
Delaware Business Court Insider |News

Ford Investor Sues for Access to Records on Employee Harassment Allegations

Tom McParland | January 29, 2019

The books-and-records suit, filed Monday afternoon in Delaware Chancery Court, alleged that Ford and its directors had failed to provide information related to allegations from Ford employees, which resulted in two multimillion settlements, including a $10.1 million payout in 2017 to resolve claims by women and black employees at its two Chicago plants.
Daily Business Review |News

US Sanctions on PDVSA Look Like a De Facto Oil Embargo

Tina Davis and Javier Blas | January 29, 2019

The Trump administration sanctioned Petroleos de Venezuela SA and the country's central bank on Monday, the latest move to raise pressure on President Nicolas Maduro after the U.S. recognized opposition leader Juan Guaido as interim president.
The Legal Intelligencer |

Special Section: Products Liability, Mass Torts & Class Action

The Legal Intelligencer | January 28, 2019

In The Legal's Products Liability, Mass Torts & Class Action, read about economic loss after Dittman, 5-year-old Tincher and what to do when automobile safety features just don't work.
The Legal Intelligencer |Commentary

When Automobile Safety Features Are Missing or Simply Fail to Work

Larry E. Coben | January 25, 2019

The marketing of safe products should ordinarily include all the available safety features warranted to protect consumers from harm. When a manufacturer decides to make safety an option, then it takes the risk that it will be liable for harm caused by putting profits before safety.
Litigation Daily |Q&A

Litigator of the Week: Wilmer Partner Drives to Victory with $130M Trademark Save

Jenna Greene | January 25, 2019

Likelihood of confusion was the absolute focus of our case. We promised the jury in the opening that they would hear four key facts that showed that there was no likelihood of confusion, and I think we delivered on that.
Daily Business Review |News

Florida House Takes Aim Again at Red-Light Traffic Cameras

Jim Turner | January 25, 2019

The House Transportation & Infrastructure Subcommittee voted 12-1 to support a measure that calls for a repeal of the Mark Wandall Traffic Safety Program law.
Litigation Daily |News

Jaguar Land Rover Loses Trademark Case Against Bombardier Over Defender SUV

Scott Graham | January 18, 2019

The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.
National Law Journal |News

Jaguar Land Rover Loses Trademark Case Over Defender SUV

Scott Graham | January 18, 2019

The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.
Daily Business Review |

Miami-Dade Trial Attorney Nabs $4.25 Million Pre-Suit Settlement for Woman Struck by Vehicle

Zach Schlein | January 18, 2019

Adam Josephs of the Josephs Law Firm served as legal counsel to Barbara Inman. His client, a 76-year-old Wisconsin resident, required extensive surgery and a below-the-knee amputation after being struck by a vehicle in a Publix supermarket parking lot.
Daily Business Review |

Employment Discrimination Suit Against General Motors Removed to Miami Federal Court

Zach Schlein | January 11, 2019

The car manufacturer submitted a notice of removal to transfer to federal court a suit alleging it violated the Americans With Disabilities Act and other federal labor laws. The case was originally filed in Miami-Dade Circuit Court.
Daily Business Review |

Tesla Hit with Negligence Suit Following Fatal Car Crash in Fort Lauderdale

Zach Schlein | January 11, 2019

Edgar Monserratt is seeking monetary damages on behalf of his son Edgar Monserratt Martinez, who died in May 2018 while riding in a 2014 Tesla Model S. The complaint accuses the company of improperly removing a speed limiter placed on the car, as well as releasing an unsafe product.
New York Law Journal |News

Fiat Chrysler Agrees to Pay $800M to Settle EcoDiesel Scandal

Amanda Bronstad | January 10, 2019

New York Attorney General Letitia James estimated that both the Fiat Chrysler and Bosch deals would give the state $171 million.
Litigation Daily |News

Fiat Chrysler Settles EcoDiesel Scandal for $800M

Amanda Bronstad | January 10, 2019

The settlements, announced Thursday, included $307 million for class members and $400 million in civil penalties to federal and state regulators.
Law.com |News

Fiat Chrysler Agrees to Pay $800M to Settle EcoDiesel Scandal

Amanda Bronstad | January 10, 2019

The settlements, announced Thursday, included $307 million for class members and $400 million in civil penalties to federal and state regulators.
Litigation Daily |News

Shout-Out: Winston and Cleary Lawyers Roll to Victory for Bearing Makers

Jenna Greene | January 10, 2019

It's the first decision on class cert in the sprawling Automotive Parts Antitrust Multidistrict Litigation, and is good omen for defendants in other pending cases.
Daily Report Online |News

Suzuki Wins Miss. Brake Trial, Fights Hefty Verdict in Georgia Appeal

Greg Land | January 03, 2019

One day after arguing that a $12.5 million verdict should be thrown out in Georgia, Suzuki notched a win in Mississippi over injuries a rider suffered in a similar incident.
New York Law Journal |Analysis

A Review of 'New York City Asbestos Litigation, Juni v. Ford'

William T. Russell Jr. and Lynn K. Neuner | December 18, 2018

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent significant ruling on expert proof in the asbestos arena, in which the Court of Appeals held that the plaintiff in a mesothelioma case had not provided sufficient evidence of causation and affirming the vacatur of an $11 million jury award.
New York Law Journal |Analysis

2018 Review of UM, UIM and SUM Case Law

Jonathan A. Dachs | December 18, 2018

Insurance Law columnist Jonathan A. Dachs presents a brief survey of recent developments in the area of Uninsured Motorist, Underinsured Motorist, and Supplementary Uninsured/Underinsured Motorist law. As in the past, 2018 was marked by a great deal of significant activity in this highly litigated, ever-changing and complex area of the law.
The Recorder |

Plaintiffs Lawyers Pressure Lyft to Pay Millions in Arbitration Fees

Erin Mulvaney | December 14, 2018

“As a result of Lyft's failure to pay the filing fees as required by its contract, petitioners are prevented from accessing the sole forum in which they are able to raise their claims,” according to the plaintiffs' petition in San Francisco federal district court.
Texas Lawyer |News

NuVinAir Names Kathryn Shilling as New GC

Kristen Rasmussen | December 13, 2018

The Dallas-based vehicle-odor elimination startup company grew by 5,000 percent last year, enabling it to expand its leadership team.
New Jersey Law Journal |News

Mercedes-Benz Price-Fixing Suit Against Auto Shippers Turns Back to New Jersey Court

Michael Booth | December 13, 2018

U.S. District Judge Stanley Chesler on Wednesday rejected pre-emption claims and ordered that the lawsuit against Nippon Yusen Kabushiki Kaisha, K Line America, Matsui O.S.K., Wallenius Wilhelmsen Logistcs AS and Kawasaki Kaisha Ltd. be moved back to Bergen County Superior Court.
New Jersey Law Journal |News

Kia Class Action, Going Into 18th Year, Motors On to NJ Supreme Court

Michael Booth | December 12, 2018

The litigation concerns the braking system of the Kia Sephia, discontinued in 2003.
The Recorder |News

Quinn Emanuel, Sidecar Call Uber 'Monopolist' in New Lawsuit

Caroline Spiezio | December 11, 2018

The successor to defunct ridesharing company Sidecar claims Uber lowered prices to eliminate competition from the market.
Litigation Daily |News

In New Lawsuit, Quinn Emanuel Client Sidecar Calls Uber a 'Monopolist'

Caroline Spiezio | December 11, 2018

The successor to defunct ridesharing company Sidecar claims Uber lowered prices to eliminate competition from the market.
Daily Business Review |News

Podhurst Orseck Coordinates Work Generating $1.5 Billion in Takata Air Bag Settlements

Catherine Wilson | December 10, 2018

Most Effective Lawyers: Class action — The Podhurst Orseck team coordinated the work of more than two dozen law firms in class actions against automakers that used recalled Takata air bags.
National Law Journal |News

Williams & Connolly Chair Dane Butswinkas Is Named Tesla General Counsel

Mike Scarcella | December 07, 2018

“After 30 years as a trial lawyer at Williams & Connolly, I would have never imagined joining a company in-house," Dane Butswinkas said in a statement from Tesla. He will succeed Todd Maron, general counsel since 2013.
The Recorder |News

Levi & Korsinsky Appointed to Lead Tesla Shareholder Suits Over Musk Tweets

Amanda Bronstad | November 28, 2018

U.S. District Judge Edward Chen cited the ability of Levi & Korsinsky's client, an individual investor who lost $3.5 million, to represent both stock purchasers and short sellers in the class.
The Recorder |News

Monster Energy Wins Flawed Trademark Verdict

Scott Graham | November 21, 2018

A Los Angeles jury finds infringement and awards $5 million in punitives, but zero actual damages. Now a big fight looms over an injunction to stop Integrated Supply Network from infringing.
Litigation Daily |News

Does Monster Energy's $5M Trademark Verdict Count as a Win?

Scott Graham | November 21, 2018

A Los Angeles jury finds infringement and awards $5 million in punitives, but zero actual damages. Now a big fight looms over an injunction to stop Integrated Supply Network from infringing.
Daily Business Review |News

Monster Energy Wins Flawed Trademark Verdict Against Florida Company

Scott Graham | November 21, 2018

A Los Angeles jury finds infringement and awards $5 million in punitives but nothing in compensatory damages, opening the door to a big fight over an injunction.
The Recorder |

Waymo's Driverless Application Is Scrubbed of Insurance Details

Cheryl Miller | November 13, 2018

It's not at all clear to me why this was redacted," said John Simpson, the privacy and technology project director at Consumer Watchdog. "I do think the policy limits and information about coverage should be available to the public.
The Recorder |Q&A

Next Generation Women Leaders in Tech Law 2018: Nada Alnajafi, Faraday Future

Ross Todd | November 12, 2018

'I'm a legal engineer,' says Alnajafi I navigate legal issues and solutions that help build the ultimate consumer product.
The Legal Intelligencer |Commentary

Stacking of UM/UIM Coverages for Newly Acquired Vehicles

James C. Haggerty | November 10, 2018

Under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et seq., stacking of uninsured motorist (UM) and underinsured motorist (UIM) coverages may be waived.
The Legal Intelligencer |News

Man Ejected From Car During Truck Collision Agrees to $2.1M in Settlements

Max Mitchell | November 09, 2018

A man who suffered a traumatic brain injury after he was ejected from a sedan during a multivehicle accident has ended his case after agreeing to more than $2.1 million in settlements.
Delaware Business Court Insider |News

Del. Judge Names Lead Plaintiff in Class Action Stemming From $2B Advance Auto Parts Deal

Tom McParland | November 02, 2018

A Mississippi retirement system on Friday won a three-way fight to serve as lead plaintiff in a securities class action against Advance Auto Parts Inc. stemming from its $2 billion purchase of General Parts in 2011.
Daily Business Review |News

Supreme Court Rules Car Can Be 'Weapon' for Enhanced Sentencing

Jim Saunders | November 02, 2018

The justices, in a 6-1 decision, rejected an appeal by Adam Shepard, who was convicted on a charge of manslaughter with a weapon after fatally striking Spencer Schott with a car in January 2011 following the altercation.
Daily Business Review |News

Injured Orlando Man Sues Tesla Over Autopilot Feature, Crash

Mike Schneider | October 31, 2018

Shawn Hudson said that Tesla made false statements about the autopilot safety on his Tesla Model S.
New York Law Journal |Analysis

Attorney-Client Privilege on the Ropes—In 'Sum' and Substance

Marc A. Schulz | October 30, 2018

The Appellate Division, Fourth Department, issued a decision in 'Rickard v. New York Cent. Mut. Fire Ins. Co.,' that by its terms opens up insurance carriers' litigation files to judicial in-camera inspection, and insurers as well as others ought to be worried. The decision also appears to be a departure from established New York law.
Texas Lawyer |News

Litigator of the Week: El Paso Lawyer Wins $2.5M Verdict in Exploding Tire Case

John Council | October 30, 2018

Sam Legate recently convinced an Arkansas state jury that his independent tire shop owner client Michael R. Snyder did nothing wrong when a Chinese-made tire exploded on him during the mounting process, winning him $2.5 million in damages.
Delaware Business Court Insider |News

New Investor Suit Targets Board Over Musk Tweet on Financing to Take Tesla Private

Tom McParland | October 26, 2018

A new shareholder lawsuit has accused the Tesla board of engaging in a conspiracy to cover up its failure to monitor CEO Elon Musk's "increasingly erratic" public statements, in a case that could set up the question of whether Musk's tweets qualify as company statements.
Delaware Law Weekly |News

Musk's Tweet About Taking Tesla Private Sparks New Investor Suit

Tom McParland | October 26, 2018

A new shareholder lawsuit has accused the Tesla board of engaging in a conspiracy to cover up its failure to monitor CEO Elon Musk's "increasingly erratic" public statements, in a case that could set up the question of whether Musk's tweets qualify as company statements.
Daily Report Online |News

11th Circuit Considers Whether to Reinstate Auto Insurance Price-Fixing Claims

Greg Land | October 24, 2018

The en banc hearing comes after a split panel opted to reinstate the case after it was tossed for failure to state a claim.
The Recorder |News

AAA of Northern California Appoints First African-American Woman as GC

Caroline Spiezio | October 22, 2018

Kamili Moreland has become the first African-American woman to become general counsel at AAA Northern California, Nevada and Utah.
New Jersey Law Journal |News

NJ Lawmakers Consider Rules, Urge Task Force for Driverless Cars

Michael Booth | October 22, 2018

The Assembly Science, Innovation and Technology and the Transportation and Independent Authorities committees held a joint hearing Monday to consider whether autonomous vehicles should be allowed to be operated and tested in the state.
Delaware Business Court Insider |News

Musk, Tesla Board Sued in Del. Chancery Court Over CEO's 'Erratic Behavior'

Tom McParland | October 18, 2018

A Tesla shareholder has sued Elon Musk in the Delaware Court of Chancery over his recent pattern of "erratic behavior" and accused the company's directors of "gross mismanagement" for failing to monitor the outspoken CEO's statements on Twitter.
The Recorder |News

Musk, Tesla Board Sued Over CEO's 'Erratic Behavior'

Tom McParland | October 18, 2018

A Tesla shareholder has sued Elon Musk in the Delaware Court of Chancery over his recent pattern of "erratic behavior" and accused the company's directors of "gross mismanagement" for failing to monitor the outspoken CEO's statements on Twitter.
New Jersey Law Journal |News

Judge Rejects DeLorean Estate's Claim for 'Back to the Future' Royalties

Charles Toutant | October 15, 2018

A federal judge found the estate for John DeLorean signed over rights to proceeds of the contract with Universal when it settled an earlier lawsuit.
New York Law Journal |News

Boston, NYC Lawyers Team to Secure $43M Verdict in Case Linking Cancer to Asbestos, Tobacco in Cigarettes

Andrew Denney | October 15, 2018

After a five-week trial and 23 total hours of deliberations spread over four days, a jury of 11 found against cigarette maker R.J. Reynolds on claims of defective design, fraud failure to adequately warn and in favor of the family of the late Louis Summerlin, a longtime smoker who worked for years as an automotive brake mechanic.
Corporate Counsel |

Mercedes R&D North America Drives Off With a New GC

Caroline Spiezio | October 08, 2018

Andrew Vu has stepped into the driver's seat as general counsel of Mercedes-Benz Research & Development North America Inc. (MBRDNA).

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