Transportation Conflict of Laws

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Frequent-Flyer Class Actions Likely To Be Less Frequent

Airlines offer frequent-flyer programs to reward loyal customers and attract new ones by awarding various perks based on the “miles” each member accumulates. In practice, however, frequent-flyer programs too often attract...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

California High Speed Rail Dodges Legal Bullet

In Town of Atherton v. CA High Speed Rail Authority, No. C070877 (Cal. Ct. App. 3d Dist., July 24, 2014), the Third Appellate District upheld the High-Speed Rail Authority’s (HSRA) Program Environmental Impact Report/ Program...more

Of High Speed Rails and Litigation Snails: The Train Rolls On As Third District Rejects Additional CEQA Challenges To High-Speed...

While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated...more

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

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

Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws

Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves...

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

The Supreme Court’s Ginsberg Decision Could Significantly Affect the Outcome of Motor Carrier Preemption Cases

In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more

EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

United States of America v. DHL Express (USA), Inc.

Decision by the U.S. Court of Appeals Second Circuit regarding false claims against the government by carrier DHL (02/05/2014).

In this significant decision by the U.S. Court of Appeals Second Circuit regarding false claims against the government by carrier DHL, the Second Circuit ruled that the 180-day transportation statute, cited in the earlier...more

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...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

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

Massachusetts Independent Contractor Law Survives Trade Association’s Challenge

The Massachusetts Independent Contractor statute, Mass. G.L. c. 149, § 148B, establishes a rigorous three-part test for determining whether a worker performing services for an employer may be considered an independent...more

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...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

Legal Alert: In Surprising Decision Court Finds That The California Trucking Industry Does Not Have To Comply With California's...

A federal judge in the Southern District of California handed down a significant legal victory to the trucking industry by ruling that California's meal and rest break laws are preempted by federal law. See Dilts v. Penske...more

Aircraft Finance in Aruba

This month marks the first anniversary of the entry into force in Aruba of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters specific to Aircraft Equipment (together...more

Aircraft Finance in Aruba

This month marks the first anniversary of the entry into force in Aruba of the Cape Town Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters specific to Aircraft Equipment. The Cape...more

Fasten Your Seatbelt: U.S. Supreme Court Rules Federal Seatbelt Regulation Does Not Preempt State Law Tort Suit

Yesterday the U.S. Supreme Court held in Williamson v. Mazda Motor of America, Inc., 562 U.S. __ (2011), that federal regulations do not preempt a claim for design defect based on the failure to provide lap-and-shoulder belts...more

Transportrecht CMR - Einige Besonderheiten im Hinblick auf die Anwendung des CMR-Rechts durch die Belgischen Gerichte

I. Anwendbarkeit CMR auf nationale Gütertransporte II. Eingeschränkte Haftungsdurchbrechung III. Gesamtschuldnerische Verurteilung von Frachtführer und Unterfrachtführer IV. Be- und Entladungsverpflichtung V. Anwendung...more

Survey of Int'l laws for Cargos by Sea

Maritime Conventions covering loss and damage to Cargo - a Survey...more

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