Transportation Civil Procedure

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.
News & Analysis as of

You’re Grounded: Latest ADA End Run Attempt Fails

On March 13, the U.S. Court of Appeals for the 11th Circuit rejected the latest attempt at circumventing federal preemption to creatively assert a garden-variety consumer fraud claim. As you may know from your family’s...more

Lawsuit Over MH370 Not Likely to Survive Long

On March 4, 2017, roughly three years since Malaysia Airlines Flight MH370 disappeared, a suit was filed in South Carolina on behalf of the estates and next of kin of over 40 of the presumably deceased passengers against the...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Aviation Happenings - Winter 2016-2017 Part 2

Part 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Supreme Court Affirms Presumption Against Preemption...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

FedEx Succeeds Again On Appeal of an NLRB Ruling on Independent Contractor Misclassification

In the past 2-1/2 years, FedEx has suffered through some appellate court setbacks in the area of independent contractor misclassification, beginning with a decision by the U.S. Court of Appeals for the Ninth Circuit in San...more

Choice of Law: Hairu Chen v. L.A. Truck Centers, LLC Clears The Air On The Doctrine of Dépeçage

Hairu Chen v. L.A. Truck Centers, LLC (Cal. Ct. App. Jan. 18, 2017) 2017 WL 192724 involved an action by several foreigners for wrongful death, negligence, strict products liability, and loss of consortium. Plaintiffs were 10...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Washington Supreme Court Rejects Implied Federal Field Preemption of Aviation Product Liability Claim

In a unanimous decision, the Washington Supreme Court held that implied field preemption under federal law does not bar state-law product liability claims. The decision in Estate of Becker v. Avco Corporation (Jan. 26, 2017),...more

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

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

Competition News - January 2017

New decisions in France with regard to compensating the prejudice suffered by victims of anti-competitive practices - Any person who claims to be the victim of anti-competitive practices and wishes to seek compensation...more

Supreme Court Declines to Resolve False Claims Act Public Disclosure Bar Circuit Split

On October 3, 2016, the Supreme Court denied certiorari in Cause of Action v. Chicago Transit Authority, allowing the circuit split regarding what it means for information to be in the “public domain” under the False Claims...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

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

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

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

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

US Court of Appeals for the Second Circuit Rules Federal Law Preempts Local Airport Regulations

“Noise policy must be carried out at the national level.” So says the United States Court of Appeals for the Second Circuit, in overruling the Town of East Hampton’s attempt to locally control airport noise. The Second...more

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment

On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

District Court’s NEPA Judgment Vacated In Case Rendered Moot

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause...more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government...more

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

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

461 Results
|
View per page
Page: of 19
Cybersecurity

Follow Transportation Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×