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HTMLFederal Judge Denies $100 Million Class-Action Settlement Between Uber and Drivers
Jennifer L. Parent; McLane Middleton, Professional Association;
Legal Alert/Article
January 24, 2017, previously published on December 2016
Upon a motion for preliminary approval of the class-action settlement for $100 million, a federal court found that the settlement between Uber and drivers in two states was “not fair, adequate and reasonable” and denied approval. It ordered the parties to confer about how they wanted to...


HTMLNew Anti-Kickback Safe Harbor Protects Local Patient Transportation
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
January 20, 2017, previously published on December 21, 2016
A new anti-kickback safe harbor that takes effect Jan. 6, 2017, will allow health care providers to provide free or discounted local transportation to their patients without triggering potential exposure under the federal anti-kickback statute.


HTMLAir Carrier Websites Must Meet WCAG 2.0 (Level AA) Standards as of December 12, 2016
Alisa N. Carr; Leech Tishman;
Legal Alert/Article
January 12, 2017, previously published on December 20, 2016
While public accommodations await the Department of Justice’s (“DOJ”) publication of technical standards for website accessibility, in November 2013, the U.S. Department of Transportation (“DOT”) adopted a Final Rule that requires the websites of U.S. and foreign air...


HTMLNew Jersey: Transportation Infrastructure Deal Creates More Problems Than It Solves
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on November 2, 2016
We recently addressed New Jersey lawmakers’ agreement that resolved the transportation funding impasse, thus bringing an end to the state of emergency Gov. Chris Christie declared in June. That deal involved a gas tax increase of 23-cents per gallon, bringing the total gas tax to 37.5 cents.


HTMLNew Jersey: Transportation Funding Impasse Resolved
David D. Ebersole, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2016, previously published on October 10, 2016
At the end of June, New Jersey’s Gov. Chris Christie declared a state of emergency, calling for the “immediate and orderly shutdown” of all work on the state’s transportation systems that the Transportation Trust Fund Authority (TTFA) funds. This move put almost all of the...


HTMLFederal Judge Considers Extrinsic Evidence, Holds No Duty to Defend
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
Last Monday, a San Antonio federal judge relied on extrinsic evidence to grant summary judgment for an auto liability carrier in a duty-to-defend case. In Sentry Select Ins. Co. v. Drought Transportation, LLC, No. 15-CV-890, 2016 WL 6236375 (W.D. Tex. Oct. 24, 2016), the insured under a business...


HTMLRise of the Car Sharing Programs: Recommendations for an Expanding Industry
James E. Kimmel; Abrams, Gorelick, Friedman & Jacobson, LLP;
Legal Alert/Article
November 14, 2016, previously published on October 24, 2016
With millennials and others young at heart leading the way, ride sharing programs have become a 21st century success story. With Zipcar, now a subsidiary of Avis Budget Group, starting the movement in the early 2000s, other major players such as Hertz Corp., Enterprise Holdings and Daimler AG have...


HTMLNoseworthy Doctrine Applies, But Bronx Court Still Finds for Defendants in Motorcycle Fatality
Abrams Gorelick Friedman Jacobson LLP;
Legal Alert/Article
November 14, 2016, previously published on October 13, 2016
A Bronx motion court granted summary judgment dismissing claims against drivers of vehicles who were allegedly involved in the plaintiff's decedent's motorcycle accident.


HTMLThe Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight Workers
Andrew P. Burnside, Sarah Smith Kuehnel, Erin E. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers with body mass indexes (BMI) of 35 or above to undergo in-lab sleep...


HTMLCuba’s Port of Mariel and Free Trade Zone Preparing for Exponential Economic Growth
Ira Gonzalez, Andrew A. Pidgirsky; Adams and Reese LLP;
Legal Alert/Article
October 13, 2016, previously published on October 4, 2016
Reforms on the island nation of Cuba have attempted to loosen burdensome governmental control and establish private sector economic expansion to limit dependency on the state. One of those initiatives is the Port of Mariel, a Brazilian financed deep-water port seeking to accommodate the...


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