Transportation Civil Remedies

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Lien On Me – But Only If You Can: Carriers’ Liens, Conversion and “Hostage Freight”

In certain circumstances, carriers are authorized to exercise their common law and contractual rights to place a “`carrier’s lien’’ on freight. But what are those circumstances? If the carrier improperly asserts “dominion and...more

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

Out Of The Extraordinary: The Court Of Appeal's Judgment In Huzar V Jet2.Com

Court of Appeal hands down judgment on the meaning of "extraordinary circumstances" in the case of cancellation or delay arising out of technical faults pursuant to EC Regulation 261/2004 - It is somewhat regrettable...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

Unruly Passengers Beware: ICAO Delivers Montreal Protocol 2014 to Enhance Enforcement Measures Against Unruly Passengers

This month the International Civil Aviation Organization (ICAO) officially adopted a Protocol to amend the Tokyo Convention on offenses committed on aircrafts. The culmination of a four-year effort to modernize the Tokyo...more

$5 Billion Honolulu Rail Transit Project Gets Green Light

In a decision of national importance for rail transit and highway projects, the Ninth Circuit Court of Appeals rejected NEPA and Section 4(f) challenges to the 20-mile Honolulu Rail Transit Project. HonoluluTraffic.Com v....more

High Speed Rail Decision on Track for Review at Court of Appeal

Last Friday, Governor Brown’s administration (the “Petitioners”) filed a petition for extraordinary writ of mandate and application for temporary stay with the California Supreme Court, challenging Superior Court Judge...more

RLA: A Duty to Unionize?

Aircraft service employees threatened to close Seattle’s airport. They were disgruntled about the suspension of a co-worker, and they banded together with a community organizer (not a union agent) to threaten a strike. The...more

Carrier's Website Does Not Limit Liability Under Carmack Amendment

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of...more

OSHA Issues Another $1 Million+ Whistleblower Award, Along With Reinstatement

On November 13, 2013, OSHA issued a press release stating that it ordered Gaines Motor Lines (the “Company”) to pay a total of $1,070,123 four whistleblowers, along with reinstatement. The press release indicates that...more

5 Steps to Take Immediately After a Car Accident

Car accidents are devastating. Many victims are disorientated after an auto accident. In most cases, there is noticeable damage to the vehicles involved. Sadly, there may also be serious or fatal injuries to those...more

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its...more

Property Owners May Not Recover Precondemnation Damages for Decline in Property Values - Appellate Court Rules That Property...

In a ruling that benefits public agencies, a state appellate court yesterday overturned a finding of precondemnation liability against the California Department of Transportation. The court held that a causal relationship...more

Pipeline Loses Effort To Condemn Private Land

Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite...more

Project Benefits: the "Transit Premium"

Light rail and rapid transit appear to be the hot ticket in California. Most of our right-of-way acquisition and eminent domain work over the last few years has centered on such projects. One interesting dispute that...more

Is payment of hire a condition: a long-standing controversy resolved

Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra) [2013] EWHC 865 (Comm) - On 18 April 2013, Flaux J handed down his judgment in Kuwait Rocks Co v AMN Bulkcarriers Inc (The Astra). The judgment provides long-awaited...more

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

Alberta Court says Air Cargo Liability Limits can be Broken

Cargo airlines operating in Alberta may soon find themselves training their front-line staff to ask more questions when dealing with individual consumers. Last month, the Provincial Court of Alberta released a decision in...more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

Denied Boarding: European Court Reinforces the Rights of Air Passengers

On 4 October, the Court of Justice of the European Union (CJEU) handed down two important judgments in relation to the compensation air carriers are liable for when air travellers are denied boarding. The CJEU found that i)...more

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