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Transportation Civil Procedure Constitutional Law

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

Denbury v. Texas Rice "Texas Rice II": The Texas Supreme Court Affirms Common Carrier Status

by Jackson Walker on

On Friday, January 6, 2017, the Texas Supreme Court issued its long-awaited decision in Denbury Green Pipeline-Texas v. Texas Rice Land Partners (“Texas Rice II”), reversing the 9th Court of Appeals and reinstating the trial...more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

by Carlton Fields on

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

U.S. Supreme Court Declines to Hear Challenge to New Hampshire’s “Auto Dealer’s Bill of Rights”

by Foley & Lardner LLP on

The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more

Appellate Court Ruling Favors Economic Freedom, Marketplace Competition

by LeClairRyan on

On October 7, 2016, in Joe Sanfelippo Cabs, Inc. v. City of Milwaukee, Judge Posner, writing for the unanimous United States Court of Appeals for the Seventh Circuit, held that the City of Milwaukee’s decision to allow new...more

Money, Dirt and Steel: Fall 2016 Newsletter

by Williams Mullen on

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Supreme Judicial Court Rules Against Taxpayer in Regency Transportation

by Reed Smith on

On January 6, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Regency Transportation v. Commonwealth, finding against the taxpayer. The taxpayer in Regency was a trucking company that purchased...more

Take Your Damn Free Speech Elsewhere: T Public Property Not a Legal Public Forum

by PretiFlaherty on

The MBTA, we learned this week, is reworking its already strict guidelines for advertising on T property. Metro Boston’s transit system wants to prohibit “ads concerning political issues or matters of public debate,”...more

Trucking Company Appeals ATB Decision Upholding Use Tax Assessment on Trucks Used in Interstate Commerce

by Reed Smith on

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

by Allen Matkins on

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

by Best Best & Krieger LLP on

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

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

by Gray Reed & McGraw on

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

by Faegre Baker Daniels on

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

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

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"

by Porter Hedges LLP on

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

by Nossaman LLP on

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

by Nossaman LLP on

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

by Franczek Radelet P.C. on

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)

by Snell & Wilmer on

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

by BakerHostetler on

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

by Nossaman LLP on

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

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