News & Analysis as of

Personal Injury Transportation

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Petition for Rehearing Denied in Doe v. Etihad Airways, P.J.S.C.

by Holland & Knight LLP on

On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

by Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

Cruise Passenger Protection Act: A Proposed Step Toward Uniform Passenger Legal Rights - But Major Regulatory Compliance...

by Holland & Knight LLP on

• The Cruise Passenger Protection Act of 2017, a U.S. Senate bill introduced as S.1502 on June 29, 2017, proposes a broad range of notice, procedural and oversight provisions for the cruise line industry. The bill is designed...more

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

SDNY — Passenger Dropping Bag on Another Passenger While Boarding an ‘Accident’ Under Montreal Convention, Creating Strict...

by Lane Powell PC on

It is a common scenario on today’s ever more packed flights — dozens of passengers are boarding a commercial flight with large roller bags, hunting for overhead bin space and lifting their bags over the heads of the...more

Expert Testimony Regarding Positive Marijuana Tests May Not be Admissible in Motor Vehicle Accident Litigation

by Selman Breitman LLP on

As states trend towards legalizing recreational use of marijuana—recreational marijuana use is legal in Alaska, California, Colorado, D.C., Maine, Massachusetts, Nevada, Oregon, and Washington—the need for a reliable test for...more

Germany Permits Automated Vehicles

by White & Case LLP on

On 21 June 2017, Germany enacted a bill legalizing automated vehicles ("AV Bill"). The AV Bill modifies the current Road Traffic Act and defines the requirements for highly and fully automated vehicles to use public roads. It...more

Bikers Who Love that 'Wind-in-My-Hair' Feeling Still Hoping for Legislative Relief

by PretiFlaherty on

When I was 18 and a freshman at Northeastern, my sister-in-law, Sue, was a recent graduate of the Mt. Auburn Hospital school of nursing (Cambridge) and working as an operating room nurse at that hospital. One day she asked...more

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

by Fisher Phillips on

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more

Car Accidents Involving Autonomous Cars, Who is Liable?

by Foley & Lardner LLP on

With automated cars comes hopes of safer driving, more efficient commuting, increased productivity, reduced human errors, and fewer accidents. However, as self-driving cars becomes a reality, car accidents may lead to legal...more

Deadly Crash in Canoga Park Sheds Light on Impaired Driving

Recently a high-speed crash in Canoga Park, California took the life of young driver Steven Rodriguez, just two weeks after his 21st birthday. Authorities believe than an excessive rate of speed combined with possible...more

“Some Truckers Say the Darndest Things”

In a time where companies are getting better at documenting and keeping track of incidents, we are faced with a dilemma in the trucking field with these incident reports pinning the driver, and ultimately the company, to...more

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption...

by Lane Powell PC on

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The...more

National Push for Speed Limit Increase a Bad Idea

by Michigan Auto Law on

Lawmakers who are pushing for speed limit increases nationwide aren’t listening to the research about how dangerous this is — as the combination of speed and distracted driving means more deaths on the road....more

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

by Jaburg Wilk on

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

California Expands Factors in the Vicarious Liability Control Test

by Selman Breitman LLP on

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

by Lane Powell PC on

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

by Lane Powell PC on

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

by The Rothenberg Law Firm LLP on

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door?

by Melito & Adolfsen on

Did You Know That Your Insurance May Not Apply If You Injure a Bike Rider Opening a Taxi Cab Door? Take this scenario. You live in New York City. You get into a taxicab. You reach your destination. You open the...more

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