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|Ninth Circuit Holds Arbitration Provision Containing Class Action Waiver Enforceable, But Non-Signatory to Agreement Cannot Arbitrate Claims|
Alan D. Leeth, Kristen Peters; Burr & Forman LLP;
August 15, 2013, previously published on August 12, 2013In Murphy v. DirecTV, Inc., - F.3d -, 2013 WL 3889158 (9th Cir. July 30, 2013), consumers brought a putative class action against DirecTV and Best Buy alleging violations of California’s Unfair Competition Law and the Consumer Legal Remedies Act. Plaintiffs claimed that defendants purported...
|Auto Parts Distributor Avoids Liability In Robinson-Patman Suit|
Benjamin R. Dryden, Christopher H. Grigorian; Foley & Lardner LLP;
August 14, 2013, previously published on August 12, 2013On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust System, Inc., 2013 U.S. App. LEXIS 14635 (9th Cir. 2013). In rejecting the...
|Automotive Industry on Track for Most Sales Since 2007|
Jeffrey A. Soble; Foley & Lardner LLP;
August 12, 2013, previously published on August 8, 2013Those tracking sales for Automakers got good news from July. This continues a positive trend that we noted recently (http://www.dashboard-insights.com/2013/06/24/automotive-economic-indicators-show-promise/#more-). Strong sales now project to hit levels not seen since 2007.
|In Asbestos Personal Injury Case, Court Holds That Statutory Cap on Noneconomic Damages Is Constitutional and Trial Court Did Not Err in Admitting Plaintiffs’ Expert|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
August 12, 2013, previously published on August 2013Plaintiff Joan Dixon contracted mesothelioma. Her husband, Bernard Dixon, allegedly handled Ford Motor Company (“Ford”) brakes occupationally, to which Ms. Dixon claimed exposure. Mr. Dixon also claimed that he may have used an asbestos-containing Georgia-Pacific joint compound in home...
|Setting the Exercise Price of Stock Options|
Joshua A. Agen; Foley & Lardner LLP;
August 7, 2013, previously published on August 5, 2013While there are many differences between large and small employers when it comes to executive compensation, one common issue confronted by employers of varying sizes is how to set the exercise price of stock options. Having a sound process for setting the price is important because flawed...
|Going the Extra Mile: Competition Bureau Obtains Consent Agreements From Hyundai and Kia for Inaccurate Fuel Consumption Claims|
Imran Ahmad, Chris Hersh; Cassels Brock & Blackwell LLP;
August 7, 2013, previously published on August 6, 2013On August 2, 2013, the Competition Bureau (the “Bureau”) obtained Consent Agreements (the “Agreements”) from Hyundai Auto Canada Corp. (“Hyundai”) and Kia Canada Inc. (“Kia”). These Agreements have the effect of a court order and formalize the...
|New Penalties for Misrepresentations From Small Business Government Contractors|
Erin L. Toomey; Foley & Lardner LLP;
July 31, 2013, previously published on July 29, 2013Under a final rule effective August 27, 2013, small businesses, including those in the automotive industry, that willfully misrepresent their small business size status for the purpose of soliciting or obtaining a federal government contract or other federal funding, will face additional harsh...
|Advanced Payments by Automobile Insurers|
Michael Doerksen; Field Law;
July 24, 2013, previously published on July 2013Automobile liability insurers in Alberta have long been permitted to offer advanced payments to injured claimants in part settlement of claims without admitting that the insurer or its insured has any liability. This bulletin looks at two issues surrounding advanced payments: the disclosure of...
|EU and Japan Aim for Mutual Recognition of Auto Safety Standards|
Masahiro Tanabe; Foley & Lardner LLP;
July 23, 2013, previously published on July 22, 2013Automotive trade is key to many trade agreements, and the proposed EU-Japan trade agreement is one of them. The second round of negotiations between the EU and Japan, which is being held in Tokyo, Japan from June 24, 2013 through July 3, 2013, will place much focus on the automotive area.
|U.S. Supreme Court Narrowly Interprets Drivers’ Privacy Protection Act’s “Litigation Exception” Rendering a Blow to Plaintiff’s Bar|
Corinne C. Heggie; Hinshaw & Culbertson LLP;
July 19, 2013, previously published on July 12, 2013 In Maracich v. Spears --- S. Ct. ----, 2013 WL 2922120 (Jun. 17, 2013), lawyers sued South Carolina car dealers on behalf of four people who had bought cars, alleging that the car dealers violated the state’s consumer protection law. To form a class action, the lawyers sought out additional...