Civil Procedure General Business Transportation

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“Airline Collusion” Private Class Actions

Last week, we discussed public reports of an investigation by the DOJ of four major airlines (American, Delta, Southwest, and United) regarding possible collusion. Over the past two months, a number of consumers have filed...more

Why Did Uber Lose In Court Today? And How It Can Still Avoid Future Misclassification Liability

Today was not a good day for Uber. It suffered its second setback from the federal district court judge hearing the independent contractor misclassification class action case brought by Uber drivers against the giant...more

A timely lesson: understanding how a sale contract dispute may have serious financial consequences beyond that contract alone

In the recent case of Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ([2015] EWHC 2288 (Comm)), Mr Justice Males provided direction on the potential liability of cargo owners to shipowners where they do not take...more

Cargo owner has no claim for conversion where a shipper has discharged cargo into storage due to cargo owner’s failure to present...

Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd (“The Bao Yue”) [2015] EWHC 2288 (Comm) - The dispute related to a cargo of iron ore carried from Iran to China by the Defendant Shipper. The bill of lading had...more

Self-Driving Vehicles – Potential Class Action Exposure for Insurers?

Self-driving or autonomous vehicles is a hot topic in insurance industry media and mainstream media as well. I attended a great program on this at the Federation of Defense and Corporate Counsel (FDCC) annual meeting last...more

When is a "contract for the sale of goods" not a contract of sale of goods?

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will be of interest to...more

Penalty Clauses: A Question Of Context?

In ParkingEye Ltd v Beavis [2015] EWCA Civ 402, 23 April 2015, a dispute about the non-payment of a GBP 85 parking fine the Court of Appeal has explored the fundamental principles of the rule against penalties and given an...more

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more

Ninth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act

On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are...more

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

Locke Lord QuickStudy: No Remedy For Travel Delays Under EU 261 In The U.S.

Unexpected delays are one of the inherent risks of travel. Mindful of the impact of such events, regulators in the EU promulgated a scheme of compensation available to travelers affected by substantial delays, to be paid by...more

April 2015 Independent Contractor Compliance and Misclassification News Update

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

Trucking Company Appeals ATB Decision Upholding Use Tax Assessment on Trucks Used in Interstate Commerce

In a case to watch for interstate trucking companies, Regency Transportation, Inc. is appealing a use tax assessment upheld by the Massachusetts Appellate Tax Board (“ATB”). Regency had challenged the Department of Revenue’s...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

Court Precludes Discovery Of Reinsurance Information In Airport Construction Insurance Coverage Dispute

In a construction loss coverage litigation brought by Indianapolis Airport Authority (IAA) against its builders risk insurer, Travelers Property Casualty Company, IAA unsuccessfully attempted to issue a subpoena to...more

Appellate Court Upholds Dismissal of False Claims Act Case Against QVC, Denies that Qui Tam Plaintiff is Owed Monetary Proceeds,...

On March 31, 2015, the Appellate Court of Illinois, First District in a Rule 23 Order, upheld the dismissal of a False Claims Act (“FCA”) case against QVC, Inc. (“QVC”). In the dismissed case, the qui tam plaintiff had...more

Courts Consider "Airworthiness" Requirement and "As Is Where Is" Disclaimer

Courts continue to analyze the term "airworthy" and its implications. Recently, a District Court in the Western District of Tennessee weighed in on the scope of the term "airworthy" and its sometimes complicated relationship...more

Is payment of time charter hire a condition? The Astra reconsidered.

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal...

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the...more

Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 - The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3...more

Court awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) - Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: -Clause 19.7.1:...more

Supreme Court Decides Alabama Department of Revenue v. CSX Transportation, Inc.

On March 4, 2015, the Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc., No. 13-553, holding that a rail carrier can prove discrimination under the Railroad Revitalization and Regulation Reform...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

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