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If it seems like déjà vu, it’s not just you: SUVs are again leading the charge on new vehicle sales.  Buoyed by low gas prices and growing millennial families, SUV sales have increased by 6 percent from 2016 to 2017 (through October)—even though the overall car market has declined by 2 percent during the same timeframe.…
One of the more bedeviling problems for the automotive industry (and for manufacturers in general) is how to alert consumers to pending recalls, and getting consumers to comply with those recalls.  According to NHTSA, only 70% of recalled vehicles are repaired, even though such recalls are frequently safety-sensitive and repairs are free to consumers.…
As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles Lakers, Inc. v. Fed. Ins. Co., No. 15-55777, 2017 WL 3613340, at *2 (9th Cir. Aug. 23, 2017) (LA Lakers), swatting away the Lakers’ appeal of a dismissal of their suit against their insurance carrier for denying coverage of a TCPA…
One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While this has garnered some attention in connection with the Trump administration’s position on arbitration provisions in nursing home agreements, the administration has quietly shifted its course on enforcing arbitration agreements in other realms as well.…
In addition to it taking a swipe at class actions, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 (the “Fairness in Class Action Act”), would lead to multi-district litigation reform (MDL), limiting its reach in federal court. Like class actions (covered in our last post), multi-district litigations, or MDLs, can pose a tremendous threat to corporate defendants caught in their crosshairs.  They pose their own set of challenges,…
While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform. The agenda item of interest is H.R. 985, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 (the “Fairness in Class Action Act”) which would also lead to multi-district litigation (MDL) reform. With class actions posing a major threat to corporate…