Transportation Civil Remedies

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BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

Take-Off Denied for Airline Fuel Surcharge Class Action

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more

A timely lesson: understanding how a sale contract dispute may have serious financial consequences beyond that contract alone

In the recent case of Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ([2015] EWHC 2288 (Comm)), Mr Justice Males provided direction on the potential liability of cargo owners to shipowners where they do not take...more

When is a "contract for the sale of goods" not a contract of sale of goods?

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will be of interest to...more

National Companies Considering Commercial Drones Must Consider State Privacy Laws

On Feb. 15, the Federal Aviation Administration proposed a regulatory framework applicable to small commercial drones, or unmanned aircraft systems, meaning those weighing less than 55 pounds. The comment period on this...more

CPUC Judge Finds Uber in Contempt, Threatens Suspension of Service

Uber may have to suspend service in California and pay a $7.3 million fine as a penalty for withholding information from state regulators, according to a ruling this week by a CPUC administrative law judge. The decision found...more

Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases...more

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

Public Transit Passes Satisfy the Transportation Requirements of the Charter School Law

Hoffman v. Steel Valley School District, 1002 C.D. 2014 (Pa.Cmwlth. 2015). The provision of public transit passes to charter school students fulfills the requirements of the Charter School Law for the provision of...more

From the Benesch Transportation Archives: Rotterdam Rules—The Convention on Contracts for the International Carriage of Goods...

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, otherwise known as the “Rotterdam Rules,” was adopted by the United Nations General Assembly on December 11, 2008. The stated...more

Senate Approves Whistleblower Bill for the Auto Industry

The U.S. Senate passed the first-ever piece of whistleblower legislation specific to automotive safety April 28. The proposed measure provides incentives to whistleblowers within the auto industry to come forward about known...more

DOT Revises Its “Mistaken Fares” Enforcement Policy

DOT’s Office of Aviation Enforcement and Proceedings issued a notice temporarily amending its enforcement policy regarding airlines’ obligation to honor “mistaken fares.” Until now, DOT’s Enforcement Office has generally...more

New York Metropolitan Transportation Authority Fined for Whistleblower Harassment

New York’s Metropolitan Transportation Authority (MTA) has had plenty of public troubles lately, the most recent of which has resulted in a fine of more than $50,000 after the agency was found guilty of harassing a...more

The Construction Advantage – Issue 16

Welcome to the sixteenth edition of The Construction Advantage! In our latest issue, we thought we would throw a curve ball, in honor of the beginning of baseball season. Construction Law Group Chair Michael Bosse highlights...more

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

Southwest Airlines Reaches Settlement in Whistleblower Lawsuit

A Southwest Airlines employee claims that he was retaliated against for uncovering and reporting two cracks while investigating the fuselage of a Boeing 737-700 during his regular maintenance checks. Now, Southwest has agreed...more

March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

Is payment of time charter hire a condition? The Astra reconsidered.

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

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

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 awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) - Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: -Clause 19.7.1:...more

CAFA Removal Jurisdiction: Using a Plaintiff’s Complaint Against It

Most cases involving the existence of removal jurisdiction under CAFA involve the $5 million amount in controversy. In a recent Third Circuit opinion, determining whether or not the putative class had the requisite 100...more

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