News & Analysis as of

August 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s...more

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

FRA Issues Safety Advisory to All Passenger Railroads in Response to Recent Amtrak and Metro-North Derailments

On June 9, 2015, the Federal Railroad Administration ("FRA") issued Safety Advisory 2015-03 requiring passenger railroads to make operational and signal modifications to ensure compliance with speed restrictions. The FRA is...more

Injuries Capped for Amtrak Crash: $200 Million Damages Cap for Victims of Amtrak Train Accident

The recent Amtrak train derailment in Philadelphia has left victims and their families wondering about the cause of this deadly train accident. While investigators continue to look into the reasons for the crash, an article...more

Class Action Plaintiffs’ Failure to Appear at Deposition Deemed Not Prejudicial Enough for Dismissal

In a class action brought against Amtrak, two plaintiffs, Guerra and Whitesides, both of whom had submitted declarations in support of plaintiffs’ motion for class certification, failed to appear at their scheduled...more

Amtrak 188: Why Should It Take Tragedy to Focus on Infrastructure?

This week’s horrific Amtrak accident just outside Philadelphia served as a grim reminder of our country’s political and economic challenges concerning infrastructure development. It perhaps gained even more attention than...more

Supreme Court Update: Perez V. Mortgage Bankers ASS'n (13-1041), Dep't Of Transportation V. ASS'n Of American Railroads (13-1080)...

It's been a great week for admin-law junkies; maybe not so much for the D.C. Circuit, which suffered two unanimous reversals in Perez v. Mortgage Bankers Ass'n (13-1041) and Dep't of Transportation v. Ass'n of American...more

Reed Smith's Government Contracts Weekly Rundown - March 2015

Spring forward with a rundown of last week’s top developments related to government contracts. 1. Proposed Rule to Change Price-Reduction Clause - The General Service Administration (GSA) proposed a new rule to...more

Supreme Court Decides Dept. of Transportation et al v. Ass'n of Am. Railroads

On March 9, 2015, the Supreme Court decided Dept. of Transportation et al v. Ass’n of Am. Railroads No. 13-1080, holding that, based on the federal government’s control and supervision of Amtrak, Amtrak may act as a...more

Amtrak Bill Aims To Keep Northeast Corridor Profits on the Northeast Corridor

The House Transportation Committee has approved the Passenger Rail Reform and Investment Act, a bill that would reauthorize Amtrak and other rail programs. The bill is substantially the same as the 2014 legislation and is...more

"2014-15 Supreme Court Highlights"

Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more

Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations...more

Transportation Policy In The 114th Congress

After their overwhelming success in the 2014 mid-term elections, Republicans are preparing to assume their new majority in the Senate, while their House colleagues have secured an expanded majority that exceeds their World...more

Supreme Court to Address Important Business Regulation Question Next Month in Department of Transportation v. Association of...

Next month, the U.S. Supreme Court will hear oral argument in Dep't of Transp. v. Ass'n of Am. Railroads, a case that may have major ramifications for businesses operating in the United States. This case concerns the limits...more

"Cases to Watch in the 2014-15 Supreme Court Term"

The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more

Amtrak's Metrics-Making Power Hangs In The Balance

In July 2013, the D.C. Circuit ruled that Section 207 of the Passenger Rail Investment and Improvement Act of 2008 ("PRIIA"), under which Amtrak and the Federal Railroad Administration ("FRA") jointly established metrics and...more

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time...more

Amtrak and Maryland DOT Plan for Improvements to the Vital Baltimore and Potomac Tunnel Moves to the Public Input Stage

The 141-year-old Baltimore and Potomac (B&P) Tunnel is a major bottleneck on the Northeast Corridor, but Amtrak, the Maryland Department of Transportation (MDOT) and Federal Railroad Administration (FRA) are conducting a...more

Amtrak, Norfolk Southern, Federal Railroad Administration and Indiana DOT Celebrate Commencement of Construction on the Indiana...

Last week, officials from Amtrak, Norfolk Southern and the Federal Railroad Administration and Indiana Governor Mike Pence gathered to celebrate commencement of construction on the Indiana Gateway Project....more

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