Transportation Personal Injury

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Highway Safety: Rules Requiring Rest for Tired Truckers at Risk

A renewed debate about trucker safety is rolling down America’s highways following a vote by the Senate Appropriations Committee that weakens the rest regulations of those who operate 18-wheelers....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

Case Update: Dawson V Thomson Airways Limited1

Lessons on the interplay between the EC Regulation 261/2004 and the Montreal Convention 1999 relearnt - Court of Appeal confirms limitation under EC Regulation 261/2004 to be determined in accordance with domestic law...more

Pennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania...

United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County,...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

District Court Holds Guyana Not a Party to Warsaw Convention

- In deciding treaty status, courts place "controlling importance" on the governmental conduct of the countries at issue. - Guyana's post-independence accession to other treaties – but its failure to formally accede to the...more

Aviation Defendants Contend with Challenges to Federal Jurisdiction

- An aircraft manufacturer's ability to remove a case to federal court based on admiralty jurisdiction involved consideration of whether "injury became inevitable" while the aircraft was still over water. ...more

Florida Truck Drivers Ignoring Safety Regulations A Growing Problem

Recently a jury voted in favor of a mother of 2 and start track and field athlete who's live was forever altered by a truck driver who had not slept in more than 24 hours. While I applaud the jury's decision this case...more

Liability Of A Truck Broker In Catastrophic Personal Injury Cases

In the vast majority of personal injury and wrongful death cases involving commercial motor carriers the insurance limits for the motor carrier are sufficient to cover the loss given the required $750,000 minimum limits...more

Understanding Supplemental Spousal Liability Insurance in NY [Video]

Can I Sue If My Spouse Was a Negligent Driver? Distracted driving is emerging as one of the greatest dangers on the road today. People who text, check their cellphones, apply makeup, or even adjust the radio are...more

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

Hailey French’s Story – When millions barely cover the bills. [Video]

Every time we help a client recover a multi-million dollar verdict, we hear some people say, “How can you justify millions of dollars for one person’s injury?” We used to say that if you really wanted to understand, you...more

Truck Accident Lawyers in Texas

There are millions of commercial trucks (often called 18-wheelers) on the roads of the United States these days transporting different foods, goods, and products from manufacturers to retailers. Big rigs are the largest...more

Two Killed in Westminster Motorcycle Accident

Two Garden Grove residents have been killed in a Westminster motorcycle accident, according to a news report....more

Anaheim Crash Injures Six People

A multi-vehicle crash in Anaheim has sent six people to area hospitals with injuries, according to a news report....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

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

Tractor-Trailer Accident Cases: Do Not Overlook the Tractor-Trailer With Defective Brakes

Many tractor-trailer collisions are caused because of the defective nature of the brakes of the tractor-trailer. Tractor-trailer brake systems typically use air pressure rather than hydraulic fluid to engage the brakes. Such...more

Tractor-Trailer Accident Cases: Do Not Overlook the Tractor-Trailer That Exceeds the Maximum Weight Limit

In an effort to haul as much materials or cargo as possible, tractor-trailers often are loaded to their maximum capacity. The massive size and weight of such tractor-trailers present unique issues when they are involved in...more

7 Seal Beach Residents Injured in Casino Bus Crash

Seven passengers from Leisure World in Seal Beach traveling to a San Diego County casino were injured when the tour bus crashed near Valley Center, according to a news report....more

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