Civil Procedure, Transportation Law

The English Court of Appeal confirms the effectiveness of Certificates of Acceptance in aircraft leasing transactions

by Adrian Beasley, Justin Benson, Jason Yardley | White & Case LLP on 5/1/2013

The Court of Appeal’s recent decision in Olympic Airlines SA (in special liquidation) v ACG Acquisition XX LLC [2013] EWCA Civ 369 gives welcome comfort to lessors that properly drafted Certificates of Acceptance will provide...more

Is payment of hire a condition: a long-standing controversy resolved

by Alexandra Allan, Andrew Taylor | Reed Smith on 4/19/2013

Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

by Brad Kuhn | Nossaman LLP on 4/4/2013

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

Insight: Asset Finance - March 2013: High Hopes for Regulating International Aviation Emissions

by Adrian Beasley, Tallat Hussain | White & Case LLP on 3/27/2013

“Application of the [EU] emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement”. This was the judgment of the European Court of...more

What is a Vessel?

by James Campise | Cozen O'Connor on 3/14/2013

The line between maritime and non-maritime jurisdiction continues to be redrawn. A recent case out of the Southern District of New York, Fireman’s Fund v Great American Insurance Company, 2013 U.S. Dist. 11114, held a dry...more

Commonwealth Court Addresses Additional IFTA Issues, Including Exclusion of Drilling Rigs

by Sharon R. Paxton | McNees Wallace & Nurick LLC on 2/25/2013

As we reported in earlier editions of PA Tax Law News, the Commonwealth Court issued two decisions last year upholding tax liabilities imposed on motor carriers that failed to comply with IFTA mileage and fuel documentation...more

Fourth Circuit Refuses to Pierce the Corporate Veil in Oil Spill Case

by Dean Razavi, Bruce Sabados | Katten Muchin Rosenman LLP on 2/20/2013

The US Court of Appeals for the Fourth Circuit has refused to enforce a judgment against an entity with ties to the judgment debtor, finding that the judgment creditor had not adequately pled an alter ego claim....more

Sexual Harassment Settlement Provides Valuable Lessons For Transportation Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/18/2013

Because the trucking industry is a male-dominated industry in which women remain a minority, transportation employers have frequently encountered sex harassment and sex discrimination lawsuits. Although the Equal Employment...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

by Eric Fishman, Bradley Noojin | Pillsbury Winthrop Shaw Pittman LLP on 2/5/2013

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

Supreme Ct. Adds Employment-Related Case To Schedule

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/15/2013

The Supreme Court will soon hear a case involving a controversial Port of Los Angeles rule that would require trucking companies to hire their drivers as employees rather than independent contractors. The Court added American...more

New Year, New Ways to Fight the FNC Battle in Illinois Fennell v. Illinois Central Railroad Co.

by Jessica Moore, William O’Connor | Morrison & Foerster LLP on 1/9/2013

A recent Illinois Supreme Court case represents an encouraging turn for aviation defendants in a state where it has been nearly impossible to achieve dismissal on forum non conveniens grounds in foreign aviation accident...more

Illinois Supreme Court Reverses 5th District Appellate Court on Interstate Forum Non Conveniens

by Williams Venker & Sanders on 1/9/2013

In a recent decision, the Illinois Supreme Court reaffirmed the relevant private and public interest factors to be considered by an Illinois circuit court in deciding a Motion to Dismiss on the basis of the forum non...more

The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees

by James D. Bercaw | King, Krebs & Jurgens, PLLC on 11/29/2012

Under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious...more

Automotive Recall = Prudentially Moot?

by Carlton Fields on 7/2/2012

In Winzler v. Toyota Motor Sales U.S.A., Inc., ---F.3d---, No. 10-4151, 2012 WL 2236624 (10th Cir. June 18, 2012), a car owner brought a putative class action against Toyota, alleging an engine defect. At the same time,...more

Six Reasons to Hire Personal Counsel

by Christina Dixon on 6/9/2012

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Oregon Laws for Pedestrian Right of Way

by Sean DuBois on 5/17/2012

The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more

Arbitrage of toch maar rechtspraak?

by Jeroen van Velzen on 2/9/2012

Logistiek dienstverleners eindigen bij een voortslepend conflict nog vaak in de rechtszaal. De mogelijkheid van arbitrage is dan over het hoofd gezien. Soms is dat zonde. Wat zijn de mogelijke voor- en nadelen van arbitrage...more

Medical Monitoring Claim Rejected in Rail Spill

by Dechert LLP on 9/20/2011

The Sixth Circuit recently rejected the medical monitoring claims of a putative class of residents of a small Ohio town who alleged exposure to chemicals released after a CSX Transportation Inc. train accidentally derailed....more

ONCA: Single Vehicle Accident Caused Solely by Driver's "Recklessness"

by Daniel Strigberger on 9/8/2011

The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident. In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle...more

Eminent Domain Opinion Demonstrates Need to Get Final Order Right the First Time

by Brad Kuhn on 9/2/2011

All eminent domain attorneys know the importance of getting the Final Order of Condemnation right. After all, it's the document that gets recorded, effecting the transfer of title to the agency. But sometimes mistakes...more

Reed Smith Shipping Group Monthly Bulletin - August 2011

by Reed Smith on 8/17/2011

In This Issue: ARBITRATION ... 3 - The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat ... 3 -...more

More From The BC Court Of Appeal On Causation In Personal Injury Lawsuits

by Erik Magraken, ICBC Injury Claims Lawyer on 8/13/2011

Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing the law of causation in BC personal injury tort trials as recently clarified by the BC Court of Appeal. DISCLAIMER This article is authored...more

Pharmacare Benefits Non-Deductible From Cost Of Future Care Award

by Erik Magraken, ICBC Injury Claims Lawyer on 8/13/2011

Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing the prohibition against Double Recovery in BC personal injury claims and the law relating to future care costs and the non-deductibility of...more

Shipping Group Monthly Bulletin - July 2011

by Reed Smith on 7/31/2011

In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more

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Civil Procedure › Transportation Law