News & Analysis as of

Railways

Iran and Russia Sanctions Pass US Senate

by Hogan Lovells on

Last week, the U.S. Senate acted to pass both new Iran and Russia sanctions by large bipartisan margins. The House of Representatives has not yet acted on either piece of legislation. We anticipate that Congress will...more

Public officials – Supreme Court decision provides guidelines for D&O insurers

by DLA Piper on

On May 15 2017 the Joint Divisions of the Supreme Court issued a decision (119831/17) that further clarified the Court of Auditors' jurisdiction compared with that of the civil courts regarding the liability of directors and...more

Recent United States Supreme Court Decision Further Constricts Use Of General Personal Jurisdiction To "Forum Shop" Against...

by Roetzel & Andress on

The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a...more

District Court Again Orders FTA To Provide An SEIS for Purple Line Expansion Project

In an interesting decision by the U.S. District Court for the District of Columbia on May 22, the District Court again held that metro-300x200a Supplemental Environmental Impact Statement (SEIS) must be provided by the...more

There’s No Place Like Home: The U.S. Supreme Court Emphasizes the Constitutional Limits on Personal Jurisdiction and Constrains...

by K&L Gates LLP on

Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more

SCOTUS Interprets Federal Employers’ Liability Act

Fundamental fairness requires that before a company doing business in several states is sued in a particular state that it has substantial contacts with that state. Merely being present in that state will not satisfy the...more

United States Supreme Court Limits Forums Available to Railroad Workers

by Liskow & Lewis on

The United States Supreme Court, in BNSF Railway Co. v. Tyrrell (May 30, 2017), declined to allow a personal injury plaintiff to sue a railroad company in a state in which the railroad does business but is not incorporated or...more

Supreme Court Decides BNSF Railway Co. v. Tyrrell

by Faegre Baker Daniels on

On May 30, 2017, the Supreme Court decided BNSF Railway Co. v. Tyrrell, No. 16-405, holding that § 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction and thus limiting the fora in which a...more

States May Not “Hale” an Out-of-State Railroad: No Personal Jurisdiction, Supreme Court Rules

On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

by Locke Lord LLP on

The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

Did This “Deed” Convey Fee Simple or an Easement?

by Gray Reed & McGraw on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Open access rail operators: change ahead?

by Dentons on

Open access still has a low market share - ORR has calculated that open access operators run just 1% of passenger rail miles in the United Kingdom, the rest being worked under passenger rail franchises. No open access...more

Australian Infrastructure Investment and Privatisation Update: Federal Taxation on the Agenda

by Jones Day on

At the end of January 2017, the Australian Taxation Office ("ATO") updated its draft of the Privatisation and Infrastructure—Australian Federal Tax Framework ("Framework") and issued a Taxpayer Alert TA 2017/1 on stapled...more

Hey, Tree Huggers, Where Are Those Odes to Our Roads of Rail?

by PretiFlaherty on

I’ve been working for the railroad. And not just to pass the time away. No, I’ve been lobbying, which is undoubtedly easier than working on the railroad, involving as it does heavy, outdoor work in all kinds of...more

Infrastructure M&A: Journey to the non-core: Six steps to non-core infrastructure success

by White & Case LLP on

Infrastructure funds are increasing their capital allocations to non-core sectors, although in doing so they will need to take on increased risk and operate outside an established regulatory environment. There are six steps...more

French Legal and Regulatory Update - February 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

Missouri Supreme Court Tightens the Reins on Personal Jurisdiction

State ex rel. Norfolk Southern Railway Company v. The Honorable Colleen Dolan, 2017 WL 770977, No. SC95514 (February 28, 2017) - In a recent opinion, the Missouri Supreme Court continued the U.S. Supreme Court’s trend...more

Angels Flight to Re-Open through Los Angeles P3

by Nossaman LLP on

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Winter 2017

by Hogan Lovells on

FTC takes another look at merger remedies - On 3 February 2017, the U.S. Federal Trade Commission (“FTC”) released its Merger Remedies Study, which analyzed the success of merger remedies imposed by the FTC from 2006 to...more

French Legal and Regulatory Update - January 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

Innovative attempt to defeat Christmas strikes halted, for now

by Dentons on

The battle rages on to try to halt the train strikes which have affected so many people over the Christmas period and into the new year. The dispute outlined below between ASLEF and Govia GTR Railway Ltd (GTR), concerning...more

French Legal and Regulatory Update – December 2016

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for December 2016. Please see full...more

Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry

by Holland & Knight LLP on

Most U.S. railroad industry stock rose in the immediate aftermath of Donald Trump's election as president. Optimism surrounding railroad stock may be driven in part by the prospect of a resurgence of the coal industry, since...more

Carriers Advocate for Data-Driven Regulations

by Holland & Knight LLP on

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more

The fourth railway package: the next stop on the journey to liberalization

by DLA Piper on

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

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