Heavy Equipment

News & Analysis as of

ITC Stops Sany Crawler Cranes in their Tracks

The Federal Circuit recently issued another Rule 36 affirmance of an International Trade Commission order barring the importation of products made using misappropriated trade secrets. This time, the Commission barred for ten...more

Nevada Federal Court Affirms Arbitration Award

The background of this case is as follows. Lift Equipment Certification Co., a heavy equipment manufacturer, was contracted by Lawrence Leasing Corp., a shipping company to redesign one of Lawrence’s cranes. The deal fell...more

Your Daily Dose of Financial News

Some thoughts—from Chair Yellen, herself—about why, despite pretty strong economic indicators for a pretty long time now, the Fed hasn’t begun to raise rates again....more

Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for...more

OSHA Clarifies Cranes and Derricks in Construction Standard for Moving Grave Headstones, Monuments

Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational...more

Mine Safety Agency Extends Comment Period on Controlling, Monitoring Diesel Exhaust Request for Information

The public will have until November 30, 2016, to submit comments on the Mine Safety and Health Administration’s Request for Information on the agency’s strategies for controlling and monitoring exposure of underground miners...more

Fines Issued to California Businesses that Hire or Dispatch Trucks and Heavy Equipment

The California Air Resources Board (“CARB”) is stepping up enforcement of the emission limits for heavy duty trucks by auditing companies that hire or dispatch those vehicles. Several California businesses have recently been...more

Updates to New Hampshire’s “Dealer Bill of Rights”: What Equipment Manufacturers Need to Know

After two years of litigation, Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act — the so-called “Auto Dealer’s Bill of Rights” (codified at RSA 357-C) — has survived scrutiny by the New Hampshire...more

Leases

TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more

OSHA Updates “General Industry Digest”

Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015. The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...more

Manufacturing Outlook - July 2015 - 2015 Q3

Welcome to the 2015q3 Manufacturing Outlook report in partnership with DLA Piper. It has been an eventful summer in the world economy; while not quite four seasons in one day, we’ve seen the future of the eurozone on the...more

Recent Case Offers Insight Into the Protection of Security Interests

The failure to perfect a security interest could result in losing property rights altogether despite being the unqualified owner of the property. A very recent example of this is the case of Wells Fargo Foothill Canada ULC v...more

Avoiding the Fire Sale: Protecting Your Security Interest Against Multiple Creditor Claims

The failure to perfect a security interest could result in losing property rights altogether in receivership proceedings despite being the owner of the property. A very recent example of this is the case of Wells Fargo...more

EPA Releases Proposal to Regulate Methane From Oil & Gas Industries

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) released the first-ever proposal aimed at regulating methane emissions, as well as volatile organic compounds (VOC), from the oil and gas industry. EPA is...more

Two superintendents fined for OHSA violations in scissor lift fatality

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door. The accident...more

Employee guilty of “reckless” speeding in mine trolley: dismissal upheld

Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – or sometimes even criminal – offences. A labour arbitrator has upheld the dismissal of a mining employee for...more

Private Equity Quarterly Report - Q1 2015; Benesch Manufacturing/ Industrials Market Intelligence

In this Report: - Part I – Manufacturing Subsectors include automotive, packaging, heavy equipment and aerospace. - Market Overview - Major Transactions - Disruptive Factors -...more

Ontario MOL Releases 2015-16 Safety Inspection Blitz Schedule

The Ontario Ministry of Labour has released its schedule of workplace inspection blitzes for the period from May 2015 to March 2016. The schedule gives employers advance notice of what MOL inspectors will look for when they...more

Uses and Advantages of Delaware Statutory Trusts and Delaware Limited Liability Companies in Structured Finance Transactions

Over the past 10-20 years, a large number of secured equipment finance and asset securitization transactions have been structured using either a Delaware Statutory Trust (a “DST”) created pursuant to the Delaware Statutory...more

Electricity Transmission and Distribution Equipment Ineligible for Georgia Sales Tax Manufacturing Exemption

The Georgia Tax Tribunal has held that an electric utility’s transmission and distribution equipment was not “necessary and integral to the manufacture of tangible personal property” and thus did not qualify for an exemption...more

Supplier Beware of California’s Equipment Dealers Act Before Deciding on Termination of Dealers

Modern antitrust law has made it increasingly difficult for unilateral terminations of vertical relationships between suppliers and distributors or dealers to be attacked through the use of federal and state antitrust...more

Machinery And Equipment Exclusion From Real Property Taxation

One of the more interesting issues under Pennsylvania real property tax law is what constitutes an "industrial establishment," entitled to exclusion from taxation as real property under 72 P.S. Section 5453.201(a), of the...more

Supplier Beware Before Terminating Dealers: California’s Equipment Dealers Act

Developments in modern antitrust law have made it increasingly difficult for termination of vertical relationships between a supplier and a dealer to be actionable under the antitrust laws, particularly under a per se theory...more

Spotlight on Florida: Sales and Use Tax Exemption Now Available for Purchases of Industrial Machinery and Equipment

Any "eligible manufacturing business" is reminded that, effective April 30, 2014, an exemption from Florida sales and use tax is available for purchases of industrial machinery and equipment used at a fixed location in...more

Backhoe Operator Swings Worker Around “Four Full Rotations”, Convicted Of Criminal Assault

In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker...more

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