Automakers\' Shift To Med Supplies Comes With Legal Hazards

Create: 2020-03-26
Update: 2020-03-27
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Plans to retool American automakers’ idled production lines to make critical medical supplies in response to the COVID-19 outbreak carry a host of liability and intellectual property concerns. Here, Law360 examines legal obstacles that automakers must take into account as they try to ease the pandemic's burden on the government and the health care sector.
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Thursday, March 26, 2020 Follow Law360



Automakers' Shift To Med Supplies Comes With Legal Hazards

Plans to retool American automakers’ idled production lines to make critical medical supplies in response to the COVID-19 outbreak carry a host of liability and intellectual property concerns. Here, Law360 examines legal obstacles that automakers must take into account as they try to ease the pandemic's burden on the government and the health care sector.

Read full article »


Lawmakers Eye Stronger Coronavirus Help For Gig Workers

Local lawmakers across the U.S. are championing greater labor protections for gig economy workers during the COVID-19 pandemic, as the crisis sees both a tremendous spike in demand for workers delivering groceries and hard times for other industries where such labor pools have become common.

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Senate Approves $2T COVID-19 Economic Relief Bill

Senate lawmakers voted late Wednesday to pass bipartisan legislation designed to pump $2 trillion into the U.S. economy to help millions of American workers and businesses survive the effects of the novel coronavirus pandemic gripping the country. 

Bill attached | Read full article »

EPA Won't Ask 10th Circ. To Revisit Renewable Fuel Ruling

The U.S. Environmental Protection Agency rebuffed calls from a group of Senate Republicans and opted not to seek rehearing of a Tenth Circuit decision that threw out a temporary pass given to a trio of small refineries who claimed blending renewable fuels into their products would cause “disproportionate economic hardship.” 

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Courts Can't Grant Kids' Climate Demands, Feds Tell 9th Circ.

A Ninth Circuit panel correctly nixed a trial for kids who say the federal government is endangering their futures with policies that exacerbate climate change, and the full appeals court should reject their petition for review, the federal government said.

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Fiat Chrysler Escapes Ex-Manager's Race, Age Bias Claims

An Illinois federal judge on Wednesday put the brakes on a former Fiat Chrysler manufacturing plant manager’s claims the company fired him as a result of age and racial bias, finding the worker had violated the automaker's sexual harassment policy.

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3rd Circ. Doubts Trade Group's Stake In Mazda Program Fight

The Third Circuit seemed mystified Tuesday about why the New Jersey Coalition of Automotive Retailers would have standing to launch a suit alleging a Mazda Motor of America dealership incentive program violates the state’s franchise practices law, since the coalition's 500-strong membership includes only 16 Mazda dealerships.

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Michelin Lobs 2nd Trade Secret Suit At Ex-Worker And Rival

Michelin has filed another suit against a former employee of 13 years who it says stole “enormously valuable” trade secrets and handed them over to his new employer, a rival tiremaker the suit said recruited him because of his access to Michelin’s proprietary information.

Complaint attached | Read full article »

FTC Reaches Agreement With Brake Pad Co. Over Ad Claims

Michigan-based Federal-Mogul Motorparts LLC agreed to settle a Federal Trade Commission administrative complaint Wednesday that alleged it made unsubstantiated claims about a type of aftermarket brake pad it sells, including that the product can stop certain vehicles "up to 50 feet sooner" than competing brake pads.

Decision attached | Read full article »


Texas Court Tosses Enviro Suit Over Barge Facility

A Texas federal court dismissed as premature a lawsuit by an environmental group arguing the U.S. Army Corps of Engineers is improperly considering whether to allow an industrial barge facility to stay put on the Lone Star State’s coast.

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Dakota Access Permits Axed Due To 'Gaps' In Corps' Review

Federal permits for the controversial Dakota Access Pipeline were struck down Wednesday by a D.C. federal judge who found the U.S. Army Corps of Engineers didn't adequately vet the portion of the 1,200-mile-long project that goes under the Missouri River.

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Chevron Urges Courts To Ignore 4th Circ.'s Climate Ruling

Chevron Corp. has said the Fourth Circuit wrongly concluded that Baltimore's lawsuit seeking to put fossil fuel companies on the hook for climate change belongs in state court and its decision should be ignored by circuit courts weighing similar suits.

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Feds Say Virus Fears Didn't Taint $511M Fraud Conviction

Prosecutors who recently obtained a conviction against Los Angeles businessman Lev Dermen for a $511 million tax fraud told a Utah federal court Tuesday the man’s push for a coronavirus-based mistrial is off-base since the district is still still conducting already-begun criminal trials to this day.

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Aviation Waste Problem Is A Green Economy Opportunity

As airport projects receive increasing environmental and legal scrutiny, the need for a resource recovery model that can handle the aviation sector's waste challenges is clear, say Jonathan Cocker at Baker McKenzie and Andrew Wilson at the International Aviation Waste Management Association.

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10 E-Discovery Challenges Caused By COVID-19

The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

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Legal Community Rallies To Soften The Blow Of COVID-19

Amid the rapidly evolving COVID-19 outbreak, the legal community has stepped up to lend financial support and services to colleagues, vulnerable populations, first responders and medical staff. Here, Law360 looks at some of the ways lawyers are helping others during the global crisis.

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Coping With A Pandemic: Google's Mary Shen O'Carroll

As self-isolation and social distancing become the norm during the COVID-19 pandemic, Law360 is sharing reactions from people around the business and legal community. Today's perspective comes from Mary Shen O'Carroll, director of legal operations at Google and president of the Corporate Legal Operations Consortium.

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ABA Says Gov't Should Declare Legal Workforce 'Essential'

The president of the American Bar Association on Tuesday called for the federal government to deem legal services "essential," so that lawyers are exempt from local shelter-in-place rules that prohibit employees from leaving their homes for work in order to prevent the spread of the coronavirus.

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COVID-19 Relief Bill Would Expand Remote Court Hearings

The U.S. Department of Justice would receive an extra $1 billion and the federal courts would get $7.5 million as well as provisions allowing video or teleconferencing in some criminal hearings as part of the massive coronavirus relief bill, according to a draft of the bipartisan deal reached early Wednesday.

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Delaying Bar Exam Amid COVID-19 Is A Risky Move, Profs Say

With the coronavirus pandemic expected to disrupt the bar exam this summer, U.S. courts and regulators need to act fast to come up with a new way to license lawyers, and simply postponing the exam for later this year isn't going to cut it, according to a group of law professors.

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What Texas Patent Attys Need To Know For Remote Practice

Texas patent judges are working to adapt their pre-coronavirus pandemic courtroom procedures for the virtual world, even if that means conducting hearings with the occasional dog barking in the background or an attorney presenting argument in front of a backdrop designed by their children. Here, they break down what's been working for them.

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Virtual Arraignments Raise Real Concerns In NY Courtroom

New York criminal courts carried out the first virtual arraignments on Wednesday, an unprecedented step in response to the COVID-19 outbreak that was beset with delays and concerns over hard-to-see defendants and protective equipment for remaining courtroom staff.

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Old-School Mass. Courts Ill-Equipped For Pandemic, Attys Say

As Massachusetts state courts grapple with shutdowns and cancellations amid the COVID-19 pandemic, a lack of widespread online filing and limited use of video and phone conferencing could make an already-backlogged docket even worse.

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Miffed Client Alleges Malpractice By Pot-Smoking Attorneys

A man who hired a Southern California law firm to help him acquire a cannabis dispensary license slapped the firm with a legal malpractice suit in California state court Wednesday that claimed the attorneys smoked pot during business meetings and overcharged him for "untimely incompetent legal services."

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Andrus Wagstaff 401(k) Participant Ends Nationwide Fee Suit

Nationwide Life Insurance and a former employee at mass tort firm Andrus Wagstaff PC have agreed to settle her 401(k) suit, six months after a federal judge rejected a bid to certify sweeping classes that would have covered thousands of retirement plans and plan sponsors, according to a Wednesday filing.

Read full article »

Law Firm Leaders: Herrick Feinstein's Irwin Kishner

Irwin Kishner has served as executive chairman for midsize New York law firm Herrick Feinstein LLP for the last 12 years. Here, Kishner chats with Law360 about his firm’s strategy and goals, and how it is responding to the spread of COVID-19.

Read full article »

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