Transportation Personal Injury Civil Procedure

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.
News & Analysis as of

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

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

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

Aviation Flyer - Spring 2013

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

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

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

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

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

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

Six Reasons to Hire Personal Counsel

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

Oregon Laws for Pedestrian Right of Way

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

ONCA: Single Vehicle Accident Caused Solely by Driver's "Recklessness"

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

More From The BC Court Of Appeal On Causation In Personal Injury Lawsuits

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. DISCLAIMER This article is authored...more

Pharmacare Benefits Non-Deductible From Cost Of Future Care Award

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

NJ Supreme Court Rules Person Convicted of DWI can Sue Bar for Own Personal Injuries

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

Honeycutt v. Norfolk Southern Railway Company

Kentucky Court of Appeals Decision Affirming Trial Court's Denial of Motion to Reinstate

The Trial Court dismissed a FELA Plaintiff's matter. Thereafter, former Plaintiff's Counsel sought to reinstate the matter. Counsel for NSRC objected, arguing there was no basis for reinstatement under the applicable...more

Kryzanoski v Kaule

Michigan Court of Appeals Applies McCormick v Carrier Retroactively to "Serious Impairment" Claims

In this decision (attached) and another one, Casey v Stachlewitz, Unpublished Decision of the Michigan Court of Appeals, February 22, 2011 (Docket No.295835), the Michigan Court of Appeals has applied the Michigan Supreme...more

What to Do When Injured on a Cruise Ship

If you have been injured while a cruise ship passenger on a cruise, there is a good chance the cruise line is responsible for your injury and you should consider securing compensation for your injury. This article explains...more

Nuculovic v SMART et al.

Court of Appeals Upholds Application of Statutory Notice Provision Barring Claim Against Governmental Entity

Nuculovic v. Johnny Dean Hill and SMART Bus, Inc., 287 Mich App 58; 783 NW2d 124 (2010). Representing defendant, the Suburban Mobility Authority for Regional Transport (SMART) and its driver, Mr. Tucker prepared a brief in an...more

Don't Let The Railroad Trap You on Litigation Island

Newsletter article on conducting discovery in railroad cases....more

21 Results
|
View per page
Page: of 1

Follow Transportation Updates on: