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Transportation Administrative Agency Civil Procedure

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Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

by Holland & Knight LLP on

In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Court Refers Parts Dispute to FAA Under Primary Jurisdiction Doctrine

by Holland & Knight LLP on

A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more

The Stealthy Traffic Camera and the Class Action That Wasn’t

by Benesch on

Mobile speed units. Those mindless menaces squinting at everything that rolls down the road. Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed...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

Recreational model aircraft hobbyist files appeal against FAA for drone registration

We previously reported that model aircraft hobbyist John Taylor filed suit against the Federal Aviation Administration (FAA) challenging the requirement to register with the FAA in order to fly his model aircraft near his...more

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative...more

FAA sued over drone registration rules

In a move applauded by model airplane buffs, the validity of the Federal Aviation Administration’s (FAA) new drone registry is being challenged in the U.S. Ct. App. for D.C. Circuit....more

Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?

by Morrison & Foerster LLP on

On November 21, 2015, the Unmanned Aircraft Systems Registration Task Force Aviation Rulemaking Committee, chartered by the FAA, issued its Final Report to the FAA containing the Task Force’s recommendations for how the FAA...more

“On-Demand” Litigation Heats Up This Summer

by Seyfarth Shaw LLP on

This blog recently reported on the first wave of lawsuits challenging the classification of independent contractors in the “on-demand” economy. The second wave has now arrived, as numerous tech companies have been hit with...more

Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

by Ervin Cohen & Jessup LLP on

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s...more

Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California

by Hirschfeld Kraemer LLP on

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor. The...more

Kansas Thumbed Its Nose at EPA’s SIP Requirements — How’d That Work Out?

The D.C. Circuit Court of Appeals today rejected Kansas’s challenge to EPA’s disapproval of Kansas’s SIP revisions intended to comply with the Interstate Transport Rule. The Court found that EPA was not arbitrary or...more

Weigand v. N.L.R.B: A Double Standard for Social Media?

by BakerHostetler on

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

by Sands Anderson PC on

The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

D.C. District Court Dismisses Delta’s Appeals Against U.S. Ex-Im Bank

by Holland & Knight LLP on

In a series of three decisions published on March 30, 2015, the U.S. District Court for the District of Columbia has dismissed appeals brought by Delta Air Lines and other plaintiffs against the U.S. Export-Import Bank...more

2014 Eminent Domain Year in Review & 2015 Forecast

by Nossaman LLP on

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

Uber and Lyft Face Class Action Suit in Memphis for Ride Sharing Services

by Butler Snow LLP on

The City of Memphis is the site of the latest legal challenge to the peer-to-peer ride sharing services offered by Uber and Lyft. On March 4th, a federal class action lawsuit was filed against Uber and Lyft on behalf of all...more

Court Continues Stay Pending Inter Partes Review Even Though PTO Declined to Institute Review on Patent

The district court had previously stayed the patent infringement action between Nidec Motor Corporation and Broad Ocean Motor pending the PTO's decision on whether to institute an inter partes review on three of the...more

DOT Denies Request to Prohibit Shipment of Bakken Crude Oil on Older Tank Cars; Environmental Groups Push Battle to Courtroom

by Reed Smith on

On December 2, 2014 following the Department of Transportation’s (“DOT”) November 7, 2014 denial of their request for an immediate ban on use of older DOT-111 or CTC-111 railcars for the shipment of crude oil from the Bakken...more

NTSB Ruling: FAA Regulations Enforceable Against Drones

by LeClairRyan on

In the ever shifting landscape of drone law, there has been another seismic shift. In a November 18, 2014 ruling, the NTSB held that the FAA does have the authority to enforce its regulations against certain model aircraft...more

Huerta v. Pirker: NTSB Rules that UAS Are “Aircraft” and Subject to FAA Prohibition on Careless and Reckless Operations

On November 18, 2014, in a unanimous decision, the National Transportation Safety Board (NTSB) concluded that unmanned aircraft systems (UAS) are: “aircraft” within the Federal Aviation Administration’s (FAA) statutory and...more

Huerta v. Pirker—NTSB Says No More “Gray Area” for Drone Operations

by Morrison & Foerster LLP on

Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of...more

NTSB Finds That Drones Are “Aircraft” Under Federal Law

by King & Spalding on

Order reverses an earlier ruling by an Administrative Law Judge in a closely watched case that challenged the FAA’s authority to regulate drones - On November 18, 2014, the National Transportation Safety Board (NTSB)...more

Alert: NTSB Determines Unmanned Aerial Vehicles Are Within the FAA'S Jurisdiction

by Cooley LLP on

The National Transportation Safety Board ("NTSB") today issued a decision affirming the jurisdiction of the FAA to regulate unmanned aerial vehicles. The NTSB found that the statutory definition of an "aircraft" included in...more

Unmanned Aircraft Systems Are 'Aircraft' Once Again

by Thompson Coburn LLP on

On November 17, the National Transportation Safety Board (NTSB) reversed an administrative law judge’s decision that had called into question the Federal Aviation Administration's (FAA) authority to regulate Unmanned Aircraft...more

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