Civil Procedure Transportation Constitutional Law

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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

What is Done is Done – and Cannot be Undone

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently...more

Substantial, Systematic, And Continuous Contacts Do Not Establish General Jurisdiction

California courts may exercise personal jurisdiction over nonresidents “on any basis not inconsistent with the Constitution of this state or of the United States”. Code Civ. Proc. § 410.10. Seventy years ago, Chief Justice...more

County's Decision to Reject Controversial Ad Did Not Violate the First Amendment

Rejecting a First Amendment challenge, a county can choose to not run an advertisement on its own bus system if it might cause vandalism and violence, the Ninth Circuit U.S. Court of Appeals held this week. The court...more

Supreme Court Update: Perez V. Mortgage Bankers ASS'n (13-1041), Dep't Of Transportation V. ASS'n Of American Railroads (13-1080)...

It's been a great week for admin-law junkies; maybe not so much for the D.C. Circuit, which suffered two unanimous reversals in Perez v. Mortgage Bankers Ass'n (13-1041) and Dep't of Transportation v. Ass'n of American...more

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC, the Beaumont court of appeals reversed a summary judgment granted...more

Supreme Court Decides Dept. of Transportation et al v. Ass'n of Am. Railroads

On March 9, 2015, the Supreme Court decided Dept. of Transportation et al v. Ass’n of Am. Railroads No. 13-1080, holding that, based on the federal government’s control and supervision of Amtrak, Amtrak may act as a...more

2014 Eminent Domain Year in Review & 2015 Forecast

At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

Alabama Department of Revenue Gets a Second Chance to Justify Diesel Fuel Sales Tax Against Rail Carriers

In the State of Alabama’s and CSX Transportation’s second trip to the U.S. Supreme Court, the Court held in a 7-2 decision on March 4 that Alabama’s sales tax on diesel fuel purchased and used by rail carriers—where motor and...more

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

Amtrak's Metrics-Making Power Hangs In The Balance

In July 2013, the D.C. Circuit ruled that Section 207 of the Passenger Rail Investment and Improvement Act of 2008 ("PRIIA"), under which Amtrak and the Federal Railroad Administration ("FRA") jointly established metrics and...more

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

Current Developments in Eminent Domain and Oil and Gas Pipeline Construction (Under Construction - March 2014)

On February 19, 2014, a Nebraska state district court judge invalidated a portion of a Nebraska law that had, until the decision, permitted an alternate, streamlined method of obtaining eminent domain authority for the...more

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

Court Sides With Federal Government Over Santa Monica Airport

As we reported last month, the United States of America and the Federal Aviation Administration had filed a motion to dismiss a lawsuit brought by the City of Santa Monica in federal court seeking to confirm its alleged right...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

New York’s Highest Court Allows Metropolitan Commuter Transportation Mobility Tax To Stand

It appears the legal battle to invalidate the Metropolitan Commuter Transportation Mobility Tax (MCTMT) is finally over. On January 14, the New York Court of Appeals declined to review last year’s appellate court decision...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

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

GCIA v. Gallenthin Realty Development, Inc.

Public Use Abuse Brief of Landowner Defendant Gallenthin

The Bill of Rights, which consists of the first ten amendments to the United States Constitution, was designed to guarantee the basic principles of individual liberty by limiting the power of the federal government and...more

city of enterprise v. defendant

municipal court motion to dismiss for military

State of Alabama Municipal Court Speeding ticket dismissed. Alabama Military Code forbids ticketing and/or arrest of state militia while performing their duties. A similar law exists for state legislators....more

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