Potential for Vicarious Liability Under the Graves Amendment
On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a...more
• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more
On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more
On January 6, 2015, the San Diego Association of Governments (SANDAG) filed a petition asking the California Supreme Court to review the decision in Cleveland National Forest Foundation, et al. v. San Diego Association at...more
In a decision with implications for all transportation projects in California, the California Court of Appeal held that the analysis of greenhouse gas emissions from transportation projects in a metropolitan transportation...more
In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San...more
The saga surrounding the challenges to the Massachusetts “ABC” Test for independent contractors has taken a potentially positive turn for the transportation industry. A decision issued by the U.S. Court of Appeals for the...more
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more