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High Speed Rail Decision on Track for Review at Court of Appeal

Last Friday, Governor Brown’s administration (the “Petitioners”) filed a petition for extraordinary writ of mandate and application for temporary stay with the California Supreme Court, challenging Superior Court Judge...more

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its...more

Property Owners May Not Recover Precondemnation Damages for Decline in Property Values - Appellate Court Rules That Property...

In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more

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

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

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

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

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

Reed Smith Shipping Group Monthly Bulletin - August 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

NJ Supreme Court Rules Person Convicted of DWI can Sue Bar for Own Personal Injuries

As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the...more

RS Shipping Bulletin - February 2011

In This Issue: 1 Carriage Of Goods . . . 3 1 . 1 Court Of Appeal Considers The Meaning And Reasonableness Of The ‘No Set-Off’ And ‘Time Bar’ Clauses In The British International Freight Association Terms . . . 3 2...more

Weekly Law Resume - May 5, 2011: Interstate Transport - Carmack Amendment In Absence Of Declared Value, Carrier Liability for Lost...

Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more

RS Shipping Bulletin - April 2011

In This Issues: 1 ARBITRATION . . . 3 1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3 2 CONTRACT . . . 4 2 . 1 ADMIRALTY COURT RULES...more

Kryzanoski v Kaule

Michigan Court of Appeals Applies McCormick v Carrier Retroactively to "Serious Impairment" Claims

In this decision (attached) and another one, Casey v Stachlewitz, Unpublished Decision of the Michigan Court of Appeals, February 22, 2011 (Docket No.295835), the Michigan Court of Appeals has applied the Michigan Supreme...more

RS Shipping Bulletin November 2010

In This Issue 1 ARBITRATION ...3 1.1 COURT OF APPEAL CONFIRMS THAT SECTION 72 ARBITRATION ACT 1996 IS NOT RESTRICTED TO PROCEEDINGS CONCERNING THE TRIBUNAL’S SUBSTANTIVE JURISDICTION ...3 1.2 ONLY THE AWARD AND...more

RS Shipping Bulletin - October 2010

In This Issue: 1 COSTS...2 1.1 COURT CONFIRMS ITS JURISDICTION TO HEAR APPLICATION FOR AN ORDER THAT THERE BE NO ORDER AS TO COSTS FOLLOWING DISCONTINUATION OF ACTION ...2 2 DAMAGES ...4 2.1 HIGH COURT...more

Reed Smith Shipping Bulletin - May 2010

In This Issue: 1 ARBITRATION...3 1.1 WHAT AMOUNTS TO TAKING A STEP IN PROCEEDINGS FOR THE PURPOSES OF SECTION (9)3 OF THE ARBITRATION ACT...3 1.2 ICSID TRIBUNAL HAS JUSRISDICTION OVER INVESTMENTS RELATING TO A...more

Tropp v. Conair Corporation, et al.

Memorandum of Law and Affirmation in Opposition to Defendants' Second Motion for a Stay

These are papers filed in opposition to a second motion for a stay filed by certain defendants, whose previous motion filed about one year ago was denied by the court last fall. The facts of this patent infringement case are...more

Tropp v. Conair Corporation, et al.

Memorand of Law and Affirmation in Opposition to Defendants' Second Motion for a Stay

These are papers filed in opposition to a second motion for a stay filed by certain defendants, whose previous motion filed about one year ago was denied by the court last fall. The facts of this patent infringement case are...more

Nuculovic v SMART et al.

Court of Appeals Upholds Application of Statutory Notice Provision Barring Claim Against Governmental Entity

Nuculovic v. Johnny Dean Hill and SMART Bus, Inc., 287 Mich App 58; 783 NW2d 124 (2010). Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an...more

Turner Bros. Trucking, LLC v. Baker, et al

Interlocutory Order Granting Summary Judgment

Interlocutory Order Granting Summary Judgment in breach of transportation brokerage contract, suit for fraud, breach of common law duty to pay for delivered freight by de facto consignor and de facto consignee, and other...more

Turner Bros. Trucking, LLC v. Baker, et al

Plaintiff's Motion For Summary Judgment

Motion For Summary Judgment that addresses breach of transportation contract, breach of transportation broker's fiduciary duties, fraud, violations of Texas Theft Liability Act, Texas Deceptive Trade Practices Act, common law...more

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