Duane Morris – Page 2 – Transportation, Automotive and Logistics

May 18, 2020June 11, 2020 by Duane Morris

Avoiding Improper Use Of CARES Act Airport Grants

Like much of the transportation industry during the COVID-19 pandemic, America’s airports are experiencing significant losses in revenue. Airports Council International predicts that the U.S. airport industry will lose $23 billion as a result of COVID-19. Title XII of Division B of the Coronavirus Aid, Relief, and Economic Security, or CARES, Act addresses these significant economic disruptions by providing approximately $10 billion to U.S. airports “to prevent, prepare for, and respond to the impacts of the COVID-19 public health emergency.” The funding is somewhat discretionary, with a requirement that it be used for any purpose for which airport revenues may lawfully be used, so long as the use of funds is related to the airport,

To read the full text of this article by Duane Morris attorneys Alan C. Kessler, Jamie E. Brown and Rachel Kubasak, please visit the firm website.

May 14, 2020 by Duane Morris

USMCA Implementation Will Require Changes – Especially for the Automotive Industry

The U.S. Trade Representative recently notified Congress that Canada, Mexico and the United States have taken the necessary measures to comply with their commitments under the United States–Mexico‒Canada Agreement (USMCA), and that the agreement will enter into force on July 1, 2020. As discussed in this Alert, the USMCA, which will replace the North American Free Trade Agreement upon its implementation, will impose a wide range of new requirements. Companies operating in certain sectors of the economy, especially the motor vehicle industry, should strongly consider taking actions to prepare for and comply with these new requirements as soon as possible.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 20, 2020June 11, 2020 by Duane Morris

FAA Gives Details on $10 Billion in CARES Act Funds for Airports

On April 14, 2020, the Federal Aviation Administration (FAA) issued information regarding the application for and distribution of approximately $10 billion in relief funds to airports that fall within four categories under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), signed into law on March 27, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 15, 2020April 16, 2020 by Duane Morris

U.S. D.O.T.’s NHTSA Proposes Easing Federal Safety Standards For Autonomous Vehicles

By Alyson Walker Lotman and Theresa A. Langschultz

The United States Department of Transportation’s National Highway Traffic Safety Administration issued a notice of proposed rule-making on March 17, 2020 designed to modernize federal safety standards on autonomous vehicles. The proposed rules are intended to pave the way for the future of autonomous vehicles by amending the Federal Motor Vehicle Safety Standards (FMVSS). Proposed changes include allowing autonomous vehicles – specifically, those designed solely to carry property and goods – to be built without “traditional manual controls” and protective safety features meant for humans. Continue reading “U.S. D.O.T.’s NHTSA Proposes Easing Federal Safety Standards For Autonomous Vehicles”

April 14, 2020April 16, 2020 by Duane Morris

Third Circuit Weighs In On Strict Products Liability for Artificial Intelligence

By Matthew Decker

In Rodgers v. Christie, a recent non-precedential decision, the United States Court of Appeals for the Third Circuit examined whether traditional strict products liability doctrines apply to artificial intelligence-based software. 2020 WL 1079233 (3d Cir. Mar. 6, 2020). There, plaintiffs asserted claims under the New Jersey Products Liability Act (“PLA”), arising from the State’s Public Safety Assessment (“PSA”). Id. at *1. The PSA is a “data-based” risk assessment algorithm which provides quantitative scores and a “decision-making framework” to assist courts in “assess[ing] the risk that [a] criminal defendant will fail to appear for future court appearances or commit additional crimes and/or violent crimes if released.” See Roders v. Laura and John Arnold Foundation, 2019 WL 2429574, at *1 (D.N.J. June 11, 2019), aff’d sub nom. Roders v. Christie, 2020 WL 1079233. Plaintiffs’ strict products liability claims put the PSA at issue, claiming the algorithm had assigned an erroneously low score to a convicted felon, who allegedly murdered their son three days after he was released from detention on non-monetary conditions. 2020 WL 1079233, at *1. Continue reading “Third Circuit Weighs In On Strict Products Liability for Artificial Intelligence”

April 13, 2020April 16, 2020 by Duane Morris

U.S. Supreme Court Refuses to Revisit Decision Upholding Design Patent Validity for Automotive Repair Parts

By John E. Munro

The United States Supreme Court refused to take up a request to revisit the Federal Circuit’s decision regarding design patents covering automotive repair parts. The Supreme Court’s denial to revisit the decision keeps the long-standing principles of functionality with regards to design patents unchanged. The decision stands, however, as a reminder of the importance and usefulness of design patents to protect repair parts in industries that have significant commercial interests in preventing third-parties from copying designs of repair parts. Continue reading “U.S. Supreme Court Refuses to Revisit Decision Upholding Design Patent Validity for Automotive Repair Parts”

April 12, 2020April 16, 2020 by Duane Morris

The National Labor Relations Board Changed Its Joint Employer Standard… Again

By Elizabeth Mincer

On February 26, 2020, the National Labor Relations Board (NLRB) issued a final rule changing the standard for determining joint-employer status under the National Labor Relations Act. This final rule will affect companies across industries, but could be particularly impactful on entities operating in the transportation, automotive, and logistics industries. Continue reading “The National Labor Relations Board Changed Its Joint Employer Standard… Again”

April 11, 2020April 16, 2020 by Duane Morris

Security Screenings and Overtime Pay: Could Pennsylvania Join Other States in Requiring that Employees Remain “On-the-Clock” for Mandatory Security Protocols?

By Elizabeth Mincer

Pennsylvania could be joining the ranks of states that require employers to pay employees for time spent in post-shift security screening (federal law does not require employers to do this). In December 2019, the Pennsylvania Supreme Court agreed to consider whether the Pennsylvania Minimum Wage Act (PMWA) qualifies such security screenings as compensable time in Neil Heimbach v. Amazon.com, Inc. The Pennsylvania Supreme Court’s decision has the potential to affect a wide range of industries operating in Pennsylvania, including those in transportation, automotive, and logistics. Continue reading “Security Screenings and Overtime Pay: Could Pennsylvania Join Other States in Requiring that Employees Remain “On-the-Clock” for Mandatory Security Protocols?”

April 10, 2020April 16, 2020 by Duane Morris

Introduction

It’s hard to imagine any sector where developments arise faster, and legal issues are more volatile, than transportation, automotive and logistics. Our clients sit in the cross hairs of innovation, regulation and risk. They face challenges from all sides, from contracts to procurement, though commercial issues, regulatory risk, safety compliance, litigation risk, product recalls, insurance and even ethical issues. Continue reading “Introduction”