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HTMLHow Does State Law Interpret a “Disability” After the ADAAA?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
September 18, 2013, previously published on September 16, 2013
This 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.


HTMLObama’s Climate Plan Won’t Work for Power Plants, Which Could Be Bad News for the Transportation Sector
Brian H. Potts; Foley & Lardner LLP;
Legal Alert/Article
August 28, 2013, previously published on August 26, 2013
President 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...


HTMLDenso Executives Sentenced to Over a Year in Prison for Price Fixing
Brandi F. Walkowiak; Foley & Lardner LLP;
Legal Alert/Article
August 21, 2013, previously published on August 19, 2013
On 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...


HTMLToyo Files New 337 Complaint Regarding Certain Tires
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
On 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,...


HTMLNo Public Comments at Florida Automobile Insurance Strike Force Governance Rule Development Workshop Today
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
August 17, 2013, previously published on August 15, 2013
No 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").


HTMLNinth 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;
Legal Alert/Article
August 15, 2013, previously published on August 12, 2013
In 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...


HTMLAuto Parts Distributor Avoids Liability In Robinson-Patman Suit
Benjamin R. Dryden, Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
August 14, 2013, previously published on August 12, 2013
On 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...


HTMLIn 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;
Legal Alert/Article
August 12, 2013, previously published on August 2013
Plaintiff 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...


HTMLAutomotive Industry on Track for Most Sales Since 2007
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
August 12, 2013, previously published on August 8, 2013
Those tracking sales for Automakers got good news from July. This continues a positive trend that we noted recently ( Strong sales now project to hit levels not seen since 2007.


HTMLSetting the Exercise Price of Stock Options
Joshua A. Agen; Foley & Lardner LLP;
Legal Alert/Article
August 7, 2013, previously published on August 5, 2013
While 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...


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