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Federal Law Preempts State Wage Law in Employee Misclassification Case

A Massachusetts Superior Court recently ruled against a group of truck drivers who claimed that a delivery company violated the Massachusetts Wage Act by misclassifying the drivers as independent contractors rather than as...more

First Circuit Court of Appeals Clarifies Limited Deference to Surface Transportation Board Views on Railroad Preemption

In two companion decisions released in October, 2015, the U.S. Court of Appeals, First Circuit, considered the extent to which federal preemption of state and local laws applies to railroad operations involving the...more

Supreme Court Update: Maryland V. Kulbicki (14-848) And Order List

… und willkommen zurück! Oktober Term 2015 kicks off today with argument in OBB Personenverkehr AG v. Sachs (13-1067), a case which explores the contours of the commercial-activity exception to the Foreign Sovereign...more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Airline Industry Alert: Court Finds Airline Deregulation Act Does Not Preempt Miami-Dade County's Living Wage Ordinance

On September 21, 2015, the U.S. Court of Appeals for the Eleventh Circuit held that the Airline Deregulation Act (ADA) does not preempt Miami-Dade County's Living Wage Ordinance (LWO). Amerijet Int'l, Inc. v. Miami-Dade...more

Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is...more

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

Airline Industry Alert: Washington State Supreme Court Finds SeaTac Ordinance Increasing Minimum Wage to $15 an Hour Enforceable...

In a 5-4 decision, the Washington State Supreme Court has held that Proposition 1 – an ordinance which increased the minimum wage within the city of SeaTac for employees in the hospitality and transportation industries to $15...more

Drone on Drones: L.A. City Council Proposal Could Turn The City into a No Drone Zone

While the FAA continues its rulemaking process and state legislators propose drone regulations of their own, the City of Los Angeles is considering creating its own drone regulations rather than waiting for the state or...more

Uber Takes A Ride Back To State Court: Federal Court Dismisses Conversion Claim, Remands Trade Secret Misappropriation Case Back...

Order on Motion to Remand, Kevin Halpern, et al., v. Uber Technologies, Inc., et al., 15-cv-02401-JSW (Magistrate Judge Jacqueline Corley) - Uber has faced its share of challenges of late, from the established taxi...more

District Court Confirms Federal Preemption in Massachusetts “ABC Test” Litigation

Yesterday, Judge Denise Casper of the District of Massachusetts issued an industry friendly ruling in Massachusetts Delivery Association v. Healy, awarding summary judgment to the Massachusetts Delivery Association (“MDA”)...more

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

Eastern District of Pa. Again Recognizes Montreal Convention Exclusively Governs Claims

Action Item: Until there is appellate resolution of the preemptive effect of the Montreal Convention, airlines sued in state court over damages allegedly arising during the course of international transportation should...more

Airline Industry Alert: OT Class Action Against Southwest Airlines Fails to Take Off

Airlines achieved a major victory on May 19, 2015, with an order from the Central District of California granting Southwest Airlines Co.'s motion to dismiss in McKinley v. Southwest Airlines Co., United States District Court,...more

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more

Recent Surface Transportation Board Preemption Decisions of Note

In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more

Energy Bulletin (US)

Transportation Department acts on safety issues regarding crude and ethanol shipped by rail. The US Department of Transportation on April 17 issued regulatory changes it believes will address “some of the issues...more

Seventh Circuit Affirms Dismissal of EU 261 Claims - Direct Claims Under EU 261 Are Only Actionable in EU Member States

The ruling by the U.S. Court of Appeals for the Seventh Circuit in Volodarskiy v. Delta Airlines, Inc. follows numerous District Court opinions holding that EU 261 does not provide a right of action enforceable outside the EU...more

What is Your Texas Legislature Doing for You Today?

The Texas legislature has been busy on energy. House Bill 40, similar to House Bills 539 and 540, steamrolled through the House of Representatives last week by a vote of 122 to 18. Reminds us of A L pitchers not...more

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal...

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the...more

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

On Tuesday, March 11, 2015, the Texas Legislature’s 84th Session gained another bill directed at combating future local and municipal fracking bans. State Rep. Drew Darby (R-San Angelo), Chairman of the Texas House Energy...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

California Environmental Law & Policy Update - January 2015 #3

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

The Federal Surface Transportation Board Finds California Environmental Quality Act Preempted as Applied to High-Speed Rail...

In a surprising decision, Surface Transportation Board Decision, Docket No. FD35861, December 12, 2014 (“Docket”), the Federal Surface Transportation Board (“Board”) ruled that the application of the California Environmental...more

“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A...

Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the...more

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