Common Carriers

News & Analysis as of

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

Appeals Court Strikes Down FCC's Net Neutrality Rules

On January 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit issued a long-awaited decision on the Federal Communications Commission's Open Internet Order. That Order required broadband Internet...more

Verizon v. FCC: What Happened, Why It’s Important, and What Comes Next

In Verizon v. FCC, a three-judge panel of the U.S. Court of Appeals for the District of Columbia overturned the Federal Communications Commission’s (“Commission” or “FCC”) anti-discrimination and anti-blocking provisions of...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

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

2013 Texas Legislative Session Review

THE CURRENT ERA OF AMERICAN POLITICS IS OFTEN LAMENTED AS EXCESSIVELY PARTISAN, IDEOLOGICAL, AND RANCOROUS. And Texas politics has often held its own in those regards. But to many observers, the recently completed 2013 Texas...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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