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Driverless Cars Have Balky Start in CT by Bill Cummings, Hearst Connecticut Media
Self-driving cars could be on the road in large numbers in CT sooner than anyone expected—possibly by 2021—even if public support for au-
A General Motors Co. Cruise autonomous test vehicle is parked at a new charging station in San Francisco, CA. Credit: David Paul Morris, Bloomberg
tonomous vehicles appears to be dropping. BOD, an international business adviser, recently published a paper predicting the technology behind driverless cars may be ready as soon as 2021, while warning that the legal and regulatory framework that allows them to operate is lagging behind. Meanwhile, a new survey by a national travel insurance provider found only 43 percent of Americans are interested in using a self-driving car, down from 53 percent last year. “Based on consumer perceptions, our survey reveals an uncerSee Driverless Cars, Page 20
ASA’s Attorney Discusses Overtime Laws by Chasidy Rae Sisk
On Wednesday, August 22, the Automotive Service Association (ASA) hosted a webinar on “Making the Overtime Law Work for You” as part of its Webinar Wednesdays initiative. The presentation featured Brian Farrington, ASA’s wage and hour attorney and expert, who addressed federal overtime laws and the costly impact they have on non-compliant shops. ASA Vice President Tony Molla opened the webinar by welcoming attendees and introducing Farrington.
Farrington began by discussing the Fair Labor Standards Act of 1938 (FLSA), which is the basic wage and hour law in the United States and establishes standards in four areas: minimum wage, overtime, child labor and recordkeeping. As of July 24, 2009, the federal minimum wage is $7.25 per hour. Farrington emphasized that when state law varies from federal law, an employer must follow whichever standard most benefits the employee. For example, if the state’s minimum wage is higher than the federal minimum wage, but there is no state overSee Overtime Laws, Page 40
AUTOBODYNEWS.COM
Vol. 9 / Issue 7 / October 2018
NABC Presents 5 Restored Vehicles to NJ Veterans On Wednesday, August 29, a group of New Jersey military veterans experienced a life-changing event— the presentation of a car to provide them independence and the ability to work and take care of their families—thanks to the National Auto Body Council, GEICO Insurance Company and four New Jersey collision repair facilities. The car presentation, held at Mountain View Golf Course in Ewing Township, NJ, was part of the fourth annual NABC Northeast Golf Fundraiser, which this year saluted the “Veterans Drive Fore Courage”
and provided a day of golf for local military veterans. “Today was a major milestone for the NABC Recycled Rides™ program, not just in the positive impact we are creating for these five deserving military veterans, but in the 1,800 lives we’ve changed with gifted vehicles since the program began in 2007,” said Bill Garoutte, president and CEO of NABC. “This is a great moment for the collision repair industry and the many partners over the past decade who have supported the NABC and donated See NABC NJ Veterans, Page 8
INTRODUCING A NEW COLUMN! From the Desk of Mike Anderson with Mike Anderson
See page 24 in this issue.
Like a Good Neighbor... State Farm Settles by Bruce L. Roistacher, Esq. NY, FL and DC Bar
A brief history of this very long case is in order. Back in 1999 in Avery v. State Farm, a class action lawsuit was filed claiming State Farm was using non-OEM parts. The class included more than 4 million State Farm policyholders. The jury found that the non-OEM parts were inferior to OEM and that State Farm breached its contract in failing to return the damaged vehicles to “pre-loss condition.” It also found that State Farm concealed known problems with the non-OEM parts. The jury returned a $1.2 billion judgment against State Farm. In 2001, State Farm appealed and an appellate court affirmed the decision but lowered that award to $1.05 billion. State Farm then filed an appeal to the Illinois Supreme Court.
This is where it gets really interesting. In 2004, Judge Lloyd Karmeier was elected to the Illinois Supreme Court. The Avery judgment was eventually overturned. The Illinois Supreme Court ruled that there was no breach of contract by State Farm, no damages were proven and that the “class” was not legally shown based on a legal technicality. The plaintiffs appealed to the U.S. Supreme Court and they denied hearing it. THE CASE SEEMED DEAD at this point. The plaintiffs continued to investigate and in 2012 filed a new lawsuit in federal court (Hale v. State Farm) claiming, among other issues, that they had newly discovered evidence that State Farm recruited Judge Karmeier as a judicial candidate and heavily financed his campaign that led to his election to the See State Farm Settles, Page 32
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