If cops attach a covert GPS tracking device to your car, and you discover and remove it, you have not “stolen” the device, nor can the removal stand as evidence needed to justify a search warrant. So says the Indiana Supreme Court, at least. [Timothy Lee, ArsTechnica; opinion in Heuring v. State of Indiana]
Posts Tagged ‘autos’
Trucking business hit by rising jury verdicts
“The commercial trucking (or carrier) industry is helping drive the overall rate hikes in commercial insurance, according to Chris Mikolay, vice president of national accounts for National Interstate Insurance. … with an average award going from $2.6 million in 2012 to more than $17 million in 2019…. ‘These verdicts come about because of new tactics used by the plaintiffs where they vilify the entire company and then seek punitive damages,’ [attorney Eric] Zalud said. [Kim Palmer, Crain’s Cleveland Business; Mills Hayes, CBS4Local (El Paso, Tex.); Brian Fielkow and Robert Fuentes, FreightWaves two-part article, first and second parts; earlier here, here, here, generally on trucking]
Expensive windshields in Florida
Florida’s overdue insurance-law reform on the “assignment of benefits” issue had a carve-out excluding auto claims, and Sunshine State lawyers continue to ride auto-glass cases for automatic fee entitlements. A report from the Florida Justice Reform Institute “shows nearly all auto glass lawsuits come from just 15 law firms — one firm, Malik Law, accounts for nearly 30 percent of all such lawsuits filed this year. Additionally, the vast majority of auto glass lawsuits are in Hillsborough and Orange counties. FJRI speculates that’s due to higher attorney fee awards in those counties.” [Drew Wilson, Florida Politics, earlier]
“Sacramento County Says It’s Illegal to Work on Your Own Car in Your Own Garage”
It’s common for communities to use zoning codes to exclude commercial and industrial uses from residential areas, but Sacramento County, California, seems extra-zealous about making sure that residents don’t try to operate auto repair businesses amid homes. While it concedes to residents the right to perform minor auto repairs on their own cars in their driveway or garage, it bans repairs or maintenance in any of the following circumstances:
1. Using tools not normally found in a residence;
2. Conducted on vehicles registered to persons, not currently residing on the lot or parcel;
3. Conducted outside a fully enclosed garage and resulting in any vehicle being inoperable for a period in excess of twenty-four hours.
So if you’re thinking of changing the oil in doing fairly minor work on your dad’s or girlfriend’s car, or trying any work that might run into a snag and have to be carried over to the next day — let alone working on a project car as a hobby, as many do — Sacramento County has other plans, and it doesn’t matter whether or not you are creating any nuisance for neighbors. “One commenter on the Grassroots Motorsports forum reported that he’d already been issued a $430 fine for working on his car in his garage.” [Jason Torchinsky, Jalopnik]
Liability roundup
- Big win for scientific rigor in the courts as New Jersey joins 40 other states in adopting Daubert standards for expert testimony, in In re Accutane Litigation [Washington Legal Foundation: Evan Tager and Surya Kundu, Joe Hollingsworth and Robert Johnston] With the long domination of the Florida Supreme Court by its liberal bloc soon to end, is it too much to hope that Florida joins the national trend too? [Evan Tager and Matthew Waring, WLF]
- California lawyers sue electric scooter companies and manufacturers after users run into pedestrians on street, park improperly in handicapped spaces, and leave them in places where they can be tripped over [Cyrus Farivar, ArsTechnica]
- Defendants obtain fees and costs in suit against siren maker over firefighter hearing loss [Stephen McConnell, Drug and Device Law]
- Some safety advocates’ flip-flops on autonomous vehicle legislation in Congress might relate to trial lawyers’ agenda of the moment [Marc Scribner, CEI, more]
- “Labaton Sucharow agrees to return $4.8M in attorney fees after attorney finder fee is revealed” [ABA Journal, earlier on State Street/Arkansas Teacher Retirement System case here, etc.]
- MGM, Fox settle class action claiming that box set of “all” James Bond films lacked two made outside the franchise [Eriq Gardner/Hollywood Reporter, earlier]
September 12 roundup
- Peer-to-peer car sharing platforms could reduce the costs of car usage, unless elements of rental car industry manage to strangle it through regulation [Jonathan M. Gitlin, ArsTechnica on Illinois Gov. Rauner’s veto of a bill to cripple startups] Are we headed toward a legal requirement that cars be designed to sense that a driver has high blood alcohol and not function then? Does it matter whether the car is self-driving? [Nicole Gelinas]
- “11th Circuit rages against ‘incomprehensible’ shotgun complaint, concludes lawyer’s intent was delay” [ABA Journal]
- Quackery and bluster define the lawsuit filed by NY, MD, NJ, and CT attorneys general against Congress’s curtailment of state and local tax (SALT) deduction [Reilly Stephens; more, Howard Gleckman, Tax Policy Center]
- “Conservative/Libertarian Faculty Candidates Are Hired By Law Schools Ranked 12-13 Spots Lower Than Equally-Credentialed Liberal Applicants” [James Cleith Phillips via Paul Caron/TaxProf]
- Coming next week: I’m set to host and moderate a Sept. 20 forum at Cato in D.C. on the Indian Child Welfare Act. Featured are three lawyers who have been involved in high-profile ICWA litigation, Timothy Sandefur of the Goldwater Institute, Matthew McGill of Gibson Dunn, and Charles Rothfeld of Mayer Brown and Yale Law School [details and registration; event not livestreamed, but video to be posted later]
- And now for something completely different: “Charles Evans Hughes and Chevron Deference” [Gerard Magliocca]
“Autopilot doesn’t make the car impervious to all accidents.”
“A Utah woman who in May 2018 crashed her Tesla Model S into a fire engine while having the Autopilot assist mode engaged has now sued the company in state court, claiming negligence, among other allegations.” A spokesman for Tesla says the company “has always been clear that Autopilot doesn’t make the car impervious to all accidents.” [Cyrus Farivar, Ars Technica]
NYC no place for mom-and-pop car rental
“Why does an economy car rent for an astonishing $161 per day in Manhattan? Because New York strangled the mom-and-pop rental car companies that helped keep prices down.” [Jim Epstein, Reason] We covered New York’s one-of-a-kind (and now defunct) vicarious liability law in these columns.
Chicago impound confound
“It can’t be overstated what a procedural and logistical nightmare it is to get a car impounded in the city of Chicago.” [C.J. Ciaramella, Reason] Related, Atlanta area: “Lawsuit claims Doraville officials writing tickets for profit, not enforcement” [WXIA, Kaitlyn Schallhorn, Fox News] And Pagedale, Mo., a small St. Louis suburb, has agreed “to stop bankrolling itself by fining its residents into the poorhouse.” [Scott Shackford, Reason]
Liability roundup
- “Now the Personal Injury Lawyers Have Scooters in Their Sights” [Anousha Sakoui and Edvard Pettersson, Bloomberg]
- Jury orders Rams to pay $12.5 million for Reggie Bush injury [AP/Valley Morning News; St. Louis Post-Dispatch]
- “Lawsuit Against Snapchat Encouraging Speeding Can Proceed” [Eugene Volokh]
- “Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts” [Daniel Fisher, Legal Newsline/Forbes]
- Lawsuit by insurer State Farm accuses prominent Michigan attorney of maintaining covert ties to medical imaging provider [JC Reindl, Detroit Free Press]
- “California Court Rejects Warranty Claims Where Rats Allegedly Chewed Through Soy-Coated Auto Wiring” [Neal Walters and Casey G. Watkins, Ballard Spahr]