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|New Amendments to Delaware Law Impacts Mergers and Defective Corporate Acts|
Chao Meng; Foley & Lardner LLP;
October 1, 2013, previously published on September 30, 2013Delaware recently passed amendments to its General Corporation Law, which will impact corporate and acquisition rules for the automotive industry. The amendments add several new provisions to the DGCL, including provisions that (1) allow a corporation to opt into a streamlined back-end merger...
|United States District Court for the District of Maryland Grants Class Action Plaintiff’s Motion to Remand to State Court|
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
September 30, 2013, previously published on September 2013In Covert v. Automotive Credit Corporation, the United States District Court for the District of Maryland found that a defendant in a class action suit failed to establish removal jurisdiction. This case arose out of a suit filed on behalf of a putative class in the Circuit Court for Baltimore...
|TRW Automotive Files New 337 Complaint Regarding Certain Vision-Based Driver Assistance System Cameras|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
September 26, 2013, previously published on September 24, 2013On September 20, 2013, TRW Automotive U.S. LLC of Livonia, Michigan (“TRW”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Attention Auto Dealers: What Constitutes Good Cause to Terminate Your Dealership Agreement?|
McDonald Hopkins LLC;
September 25, 2013, previously published on September 23, 2013Under Ohio law, a franchisor must have “good cause” in order to terminate a motor vehicle franchise. That good cause cannot include the failure to achieve any unreasonable or discriminatory performance criteria. In order to comply with the law, the Japanese auto manufacturer Nissan...
|RICE MACT Update|
Graham Crockford; Foley Lardner LLP;
September 20, 2013, previously published on September 19, 2013On October 19, 2013 all spark-ignition (natural gas or gasoline-fired) Reciprocating Internal Combustion Engine (RICE) units are required to be in compliance with the RICE MACT. By that date facilities with RICE units must install non-resettable operating hour meters on any spark-ignition RICE unit...
|How Does State Law Interpret a “Disability” After the ADAAA?|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
September 18, 2013, previously published on September 16, 2013This coming January will mark the five-year anniversary of the ADA Amendments Act. The ADAAA expanded the definition of a “disability” by undoing decades of Supreme Court precedent.
|Obama’s Climate Plan Won’t Work for Power Plants, Which Could Be Bad News for the Transportation Sector|
Brian H. Potts; Foley & Lardner LLP;
August 28, 2013, previously published on August 26, 2013President Obama’s Climate Plan - which was released earlier this summer - sets as its goal a 17% national greenhouse gas reduction by 2020. The centerpiece of Obama’s plan is to regulate greenhouse gas emissions from new and existing power plants, which comprise about a third of this...
|Denso Executives Sentenced to Over a Year in Prison for Price Fixing|
Brandi F. Walkowiak; Foley & Lardner LLP;
August 21, 2013, previously published on August 19, 2013On August 5, two Denso Corp executives were sentenced to over a year in prison following their guilty plea to participating in a conspiracy to fix prices in violation of the antitrust laws. Yuji Suzuki, a former senior manager in the Toyota Parts Division, was sentenced to 16 months in prison and...
|No Public Comments at Florida Automobile Insurance Strike Force Governance Rule Development Workshop Today|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
August 17, 2013, previously published on August 15, 2013No public comments were offered at a Florida Division of Insurance Fraud ("Division") Workshop held today, August 15, 2013, on proposed Rules relating to the Florida Automobile Insurance Fraud Strike Force ("Strike Force").
|Toyo Files New 337 Complaint Regarding Certain Tires|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
August 17, 2013, previously published on August 15, 2013On August 14, 2013, Toyo Tire & Rubber Co., Ltd. of Japan, Toyo Tire Holdings of Americas Inc. of Cypress, California, Toyo Tire U.S.A. Corp. of Cypress, California, Nitto Tire U.S.A. Inc. of Cypress, California, and Toyo Tire North America Manufacturing Inc. of White, Georgia (collectively,...