Common Carriers

News & Analysis as of

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case

Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA...more

Alert: No Big Surprises: The FCC Releases its Network Neutrality Order

Today, the FCC released its 400-page report (including 80 pages of dissents from the two Republican commissioners) in the network neutrality proceeding. Despite speculation that some of the rules might not have been revealed...more

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC, the Beaumont court of appeals reversed a summary judgment granted...more

FCC Adopts Open Internet (Net Neutrality) Rules

The order classifies broadband Internet access as a telecommunications service. The Federal Communications Commission (FCC or Commission) today voted, by a 3-2 margin, to adopt rules designed to promote an open Internet...more

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

CAFA Removal Jurisdiction: Using a Plaintiff’s Complaint Against It

Most cases involving the existence of removal jurisdiction under CAFA involve the $5 million amount in controversy. In a recent Third Circuit opinion, determining whether or not the putative class had the requisite 100...more

BPT Not Prohibited on Freight Brokerage Services

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa....more

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...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

Railroad Commission Order Clarifies Scope of the Common Carrier Act

Last week, in a 3-0 decision, the Railroad Commission of Texas ("Railroad Commission") overturned a Hearings Examiner's interim ruling that the Common Carrier Act does not apply to a pipeline transporting ethylene. In a case...more

5 Ways the FCC Could Respond to Invalidation of Its 'Net Neutrality' Rules

After the Net Neutrality decision, the FCC has a number of options, all of which could have an important impact on providers and users alike....more

D.C. Circuit Largely Invalidates Net Neutrality Rules: Analysis and Prospects

On Jan. 14, 2014, a D.C. Circuit panel struck down the portions of the FCC’s 2010 “Open Internet” (or “net neutrality”) rules that had banned blocking or discriminatory treatment of web sites or other online applications by...more

"Verizon v. FCC: D.C. Circuit Overturns FCC Network Neutrality Regulations"

On Tuesday, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the operative portions of the Federal Communications Commission’s (FCC or Commission) network neutrality regulations....more

Texas Railroad Commission to Hire Seismologist

The Texas Railroad Commission announced that it would hire an in-house seismologist to investigate the possible link of oil and gas activity to seismic events. In a January 7, 2014 statement, the Railroad Commission said that...more

Tennessee Trial Court Holds that Third-Party Logistics Provider Is Not Exempt from Tennessee Business Tax

A Tennessee trial court has rejected a third-party logistics provider’s challenge to a Tennessee business tax assessment. In the decision, the court concluded that some of the taxpayer’s logistics services were not covered by...more

Pipeline Loses Effort To Condemn Private Land

Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite...more

Keystone XL Can Take Land Before Appeals Are Exhausted

Two recent cases from the same Texas court reflect the ongoing uncertainty over the threat to private property rights posed by the Keystone XL and other pipelines....more

Texas Ninth Court of Appeals Issues Contrasting Opinions Addressing Pipeline Condemnation Authority

Recently, the Texas Court of Appeals for the Ninth District at Beaumont issued two contrasting opinions which provide guidance for the application of the Texas Supreme Court's 2012 decision in Texas Rice Land Partners, Ltd....more

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

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