News & Analysis as of

Civil Procedure Transportation

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

It’s Tax Season: Virgin Fined for Slightly Imperfect Disclosure

by Freeborn & Peters LLP on

On March 27, the U.S. Department of Transportation’s Office of Aviation Enforcement and Proceedings (the “Enforcement Office”) continued its activist pursuit of hyper-technical violations of the DOT’s hallowed full fare...more

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

Jones Act Battles, Administrative Appointees on the Move, and Combative Hearings Shape the Landscape

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update discusses (i) the Jones Act conflict developing before Customs and Border Protection with respect to the use of foreign flag vessels to perform...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Supreme Court Refuses to Hear Driver’s ADA Challenge to Sleep Apnea Screening Program

by Benesch on

Earlier this week, the Supreme Court denied a driver’s Americans with Disabilities Act (“ADA”) challenge to a carrier’s sleep apnea screening program in Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In...more

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption...

by Lane Powell PC on

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The...more

Delta Airlines Wins Shipping Ban of Big Five Trophies Appellate Court Holds No Private Cause of Action

Last June, Judge Barbara Lynn of the United States District Court for the Northern District of Texas dismissed a lawsuit filed by a group of hunting and conservation organizations. Conservation Force v. Delta Air Lines, Inc.,...more

California State Court Poised to Destabilize Low Carbon Fuel Standard

by Latham & Watkins LLP on

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

You’re Grounded: Latest ADA End Run Attempt Fails

by Freeborn & Peters LLP on

On March 13, the U.S. Court of Appeals for the 11th Circuit rejected the latest attempt at circumventing federal preemption to creatively assert a garden-variety consumer fraud claim. As you may know from your family’s...more

Lawsuit Over MH370 Not Likely to Survive Long

by SmithAmundsen LLC on

On March 4, 2017, roughly three years since Malaysia Airlines Flight MH370 disappeared, a suit was filed in South Carolina on behalf of the estates and next of kin of over 40 of the presumably deceased passengers against the...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Aviation Happenings - Winter 2016-2017 Part 2

Part 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Supreme Court Affirms Presumption Against Preemption...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

by Genova Burns LLC on

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

FedEx Succeeds Again On Appeal of an NLRB Ruling on Independent Contractor Misclassification

by Pepper Hamilton LLP on

In the past 2-1/2 years, FedEx has suffered through some appellate court setbacks in the area of independent contractor misclassification, beginning with a decision by the U.S. Court of Appeals for the Ninth Circuit in San...more

Choice of Law: Hairu Chen v. L.A. Truck Centers, LLC Clears The Air On The Doctrine of Dépeçage

Hairu Chen v. L.A. Truck Centers, LLC (Cal. Ct. App. Jan. 18, 2017) 2017 WL 192724 involved an action by several foreigners for wrongful death, negligence, strict products liability, and loss of consortium. Plaintiffs were 10...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Washington Supreme Court Rejects Implied Federal Field Preemption of Aviation Product Liability Claim

by Lane Powell PC on

In a unanimous decision, the Washington Supreme Court held that implied field preemption under federal law does not bar state-law product liability claims. The decision in Estate of Becker v. Avco Corporation (Jan. 26, 2017),...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

by Lane Powell PC on

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

Competition News - January 2017

by Dentons on

New decisions in France with regard to compensating the prejudice suffered by victims of anti-competitive practices - Any person who claims to be the victim of anti-competitive practices and wishes to seek compensation...more

Supreme Court Declines to Resolve False Claims Act Public Disclosure Bar Circuit Split

by Ropes & Gray LLP on

On October 3, 2016, the Supreme Court denied certiorari in Cause of Action v. Chicago Transit Authority, allowing the circuit split regarding what it means for information to be in the “public domain” under the False Claims...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

by Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

by Jackson Walker on

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

465 Results
|
View per page
Page: of 19
Cybersecurity

Follow Civil Procedure Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!