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|Ninth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still Available|
Colin P. Calvert, Todd B. Scherwin; Fisher & Phillips LLP;
April 7, 2015, previously published on March 25, 2015The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service Advisors employed by automobile dealerships do not qualify for the Section...
|Steps To Take After Being Involved In A Car Accident|
Daniel J. Callahan; Callahan & Blaine A Professional Law Corporation;
April 7, 2015, previously published on February 3, 2015Motorists from California may be wondering what steps they should take if they have a car accident, especially if the accident causes injuries to any of the parties involved. Motorists are advised to stay at the scene of the accident; if a person drives away from an accident in which a person was...
|FIPA Report Calls For Unnecessary Regulation of Auto Sector Privacy: Are Other Sectors of the Economy Next?|
Helen Fotinos, George S. Takach, Kirsten Thompson; McCarthy Tétrault LLP;
April 2, 2015, previously published on March 26, 2015Yesterday, the BC Freedom of Information and Privacy Association (FIPA) released a report titled, “The Connected Car: Who Is In the Driver’s Seat” (the “Report”). The 123-page Report describes the increasing use of digital features and services in today’s...
|Volkswagon Announces Recalls as Auto Industry Struggles with Quality|
Katie Nealon; Brayton Purcell LLP;
March 3, 2015, previously published on January 22, 2015The problem of mass recalls is not unique to the American auto industry. Recently Volkswagon announced it is recalling 37,979 later model cars do to a faulty sealing cap that has the potential to start a fire should it leak.
|The Blind Oversight of the Auto Industry|
Kevin R. Dean; Motley Rice;
February 25, 2015, previously published on February 4, 2015That’s how many vehicles were recalled by automakers in the United States in 2014. To put that in perspective, that’s about one car for every five on the road. And while GM holds a significant stake in that total with more than 80 separate recalls affecting close to 27 million...
|Proposed Regulations Poised to Impact Saskatchewan Vehicle “Dealers”|
Daniel Everall; Aird Berlis LLP;
February 20, 2015, previously published on January 29, 2015The Saskatchewan government has requested comments on the proposed overhaul of its consumer protection regime. As part of the changes, the Motor Dealers Act (the “Old Regime”) would be repealed and replaced by The Consumer Protection and Business Practices Act and the Vehicle Dealers...
|ITC Institutes Investigation (337-TA-937) Regarding Certain Windshield Wipers|
Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
November 27, 2014, previously published on November 19, 2014On November 17, 2014, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-937). Please note that Oblon Spivak represents Complainants in this...
|New Jersey Federal District Court Sheds Light on “Use of Motor Vehicle” Standard in New Jersey Omnibus Statute|
Davis J. Kim, Jonathan Schapp; Goldberg Segalla LLP;
November 26, 2014, previously published on November 25, 2014In Carolina Casualty Insurance Co. v. Travelers Property Casualty Co., Civ. No. 09-4871, 2014 U.S. Dist. LEXIS 150002 (Oct. 22, 2014), the United States District Court for the District of New Jersey interpreted the “use of a motor vehicle” standard under New Jersey’s omnibus motor...
|Arctic Cat Files New 337 Complaint Regarding Certain Snowmobiles|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 10, 2014On November 7, 2014, Arctic Cat Inc. of Plymouth, Minnesota ("Arctic Cat") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Sixth Circuit Sharpens Ford’s Focus on Payment of Overpayment Interest|
Timothy Santoli, Ryan Zucchetto; Dentons Canada LLP;
November 21, 2014, previously published on October 30, 2014While it appears that Ford’s petition for certiorari to the Supreme Court yielded Ford some of the answers it was looking for, Ford is still without the approximately $470 million in what it argues is overpayment interest. As we discussed in a previous article, the Supreme Court asked the...