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LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let...more

Summary Judgment Obtained on Common Carrier Issue

Birmingham attorneys Turner Williams​ and Al Teel​ obtained summary judgment in their favor on behalf of R.J. Corman Railroad Switching Company, LLC in McGinnis v. Alabama River Cellulose, LLC, et al., Case No....more

U.S. DOT to Release Important Potential Changes to Hours of Service Regulations, Including Hitting the Pause Button

On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for...more

SCOTUS Denial of Petition in Railroad Fuel Tax Lawsuit Could Have Major Impact

On June 24, 2019, the Supreme Court of the United States denied the Alabama Department of Revenue’s petition to review the Eleventh Circuit’s 2018 decision to finally put a decade old dispute “to the shed.” This saga started...more

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

FMCSA ELD Mandate is Here, but Will Have Grace Period

The December 18, 2017 compliance deadline for the FMCSA’s electronic logging device (ELD) mandate is quickly approaching for the transportation industry. The mandate will require all drivers of commercial motor vehicles who...more

FINRA Sends Transition Bonus Disclosure Rule To SEC

In a move designed to increase transparency between its member firms’ registered persons (“representatives”) and their former clients when they move from one firm to another, the Financial Industry Regulatory Authority...more

Obtaining Enforceable Non-Compete Agreements: Timing And Geography Matter

Last month, a federal judge in Mobile, Alabama denied an employer’s request for a preliminary injunction seeking to stop that employer’s former employee from working for an alleged competitor. See Dawson v. Ameritox, Ltd.,...more

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