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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").


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,...


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...


HTMLGoing 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;
Legal Alert/Article
August 7, 2013, previously published on August 6, 2013
On 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...


HTMLNew Penalties for Misrepresentations From Small Business Government Contractors
Erin L. Toomey; Foley & Lardner LLP;
Legal Alert/Article
July 31, 2013, previously published on July 29, 2013
Under 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...


HTMLAdvanced Payments by Automobile Insurers
Michael Doerksen; Field Law;
Legal Alert/Article
July 24, 2013, previously published on July 2013
Automobile 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...


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