Dr. John A.C. Cartner, Evaluates USMMA Advisory Board Report and DOT Sec. Foxx’s Response
FMCSA's Certified Medical Examiner Mandate to Start on May 21, 2014
Understanding Supplemental Spousal Liability Insurance in NY
Hailey French’s Story – When millions barely cover the bills.
Captain Phillips' Crew Lawsuit Has No Merit
Ten Points to Rationalize and Restart the United States Maritime Industry
PennDOT to Increase Number of Pennsylvania Bridges with Weight Restrictions
Maritime Reflections: Panama
Maritime Reflections: Transportation Worker Identification Credential (TWIC)
Federal Court Upholds Majority of Hours-of-Service Rule
New Jersey to consider allowing police to search cell phones to combat distracted driving
Court Schedules Arguments on FMCSA's New Hours of Service Rule on March 15, 2013
Doing Business In Canada
What is the state of Anti-Piracy Efforts and Armed Guards on Vessels?
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Google real estate director John Igoe - San Francisco Construction & Development Summit
A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier’s...more
The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more
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
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
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
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
- 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
- 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.
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
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
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
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
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
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
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
In This Issue:
- The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers
- Recent French Appeals Court Decision in Concorde Crash Step Forward Towards...more
On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more
The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more
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
Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more
The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more
The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident.
In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle...more
Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing the law of causation in BC personal injury tort trials as recently clarified by the BC Court of Appeal.
This article is authored...more
Article by BC Personal Injury and ICBC Claims lawyer Erik Magraken discussing the prohibition against Double Recovery in BC personal injury claims and the law relating to future care costs and the non-deductibility of...more
As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the...more
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