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Construction Case Law Update - November 2014

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

Federal Court Orders DOT to Respond to Sierra Club’s Unsafe Tank Car Lawsuit

A Federal Court has ordered the Department of Transportation (DOT) to respond to a lawsuit filed by three environmental organizations—Earthjustice, Sierra Club and ForestEthics—in which the parties asked the court to order...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

Airline Industry Legal Alert: Ninth Circuit Hears Argument on Strike Injunction Against Non-Union Employees

Yesterday, Douglas Hall, a partner in the Airline Group of FordHarrison, appeared before an en banc panel of the Ninth U.S. Circuit Court of Appeals to defend an injunction obtained on behalf of Aircraft Service...more

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

Out Of The Extraordinary: The Court Of Appeal's Judgment In Huzar V Jet2.Com

Court of Appeal hands down judgment on the meaning of "extraordinary circumstances" in the case of cancellation or delay arising out of technical faults pursuant to EC Regulation 261/2004 - It is somewhat regrettable...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

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

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