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Transportation Civil Procedure

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Montreal Convention Statute of Limitations Does Not Apply to Contributions Claims, S.D.N.Y. Holds

by Benesch on

In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

OTA & Travel Distribution Update - Airbnb avoids liability for lease violations; Short-lived successes at Room Key; Hopper makes...

by Garvey Schubert Barer on

The first installment of our weekly OTA & Travel Distribution Update for 2018 is below. A mix of stories in this week’s Update....more

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

The Early Effects of Bristol-Myers Squibb on Aviation Product Liability Actions

by Lane Powell PC on

Transportation Legal Update - As practitioners know, courts may exercise personal jurisdiction where the defendant is essentially “at home” in the jurisdiction (general jurisdiction), or where the suit arises out of or...more

Old Republic, New World – Personal Jurisdiction Trending Defendant Friendly

by Morrison & Foerster LLP on

In a recent decision regarding the scope of personal jurisdiction, the Tenth Circuit Court of Appeals extended the recent trend of limiting the reach of personal jurisdiction over out-of-state defendants. Old Republic...more

Whether Third Party Acts are Attributable to Infringer in a Divided Infringement Situation is Question of Fact

In Travel Sentry, Inc. v. Tropp, [2016-2386, 2016-2387, 2016-2714, 2017-1025] (December 19, 2017), the Federal Circuit vacated summary judgment of non-infringement, finding genuine disputes of material fact regarding whether...more

Montreal Convention Liability Could Be Expanding – What You Need To Know

by Benesch on

A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

Common Defect Found in Multiple-Model Product Liability Class Action

by Bennett Jones LLP on

In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after...more

OTA & Travel Distribution Update - Dec. 8th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending December 8, 2017 is below. OTA powerhouses, Expedia and Booking.com, feature prominently in this week’s Update....more

Aviations Happenings - Winter 2017

In this issue - 3D Printing: Not Your Old Dot Matrix Printer! - • District Court Again Upholds $2.8 Million Verdict Against Engine Manufacturer in Plane Crash Litigation - • Nebraska Supreme Court Upholds Defense...more

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

by Burr & Forman on

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

Rail Blocked Crossing Statute Upheld, Departing From Overwhelming Precedent

by Holland & Knight LLP on

Many states and municipalities have (or used to have) laws that limit the amount of time a railroad may block a traffic intersection. Time and again, courts have determined that these laws are preempted by either the...more

Federal Pre-emption and Aircraft Certification: You Have to Read This Opinion!!

by LeClairRyan on

Originally posted August 11, 2017 - Today, we turn our attention to the latest chapter in a long saga concerning the scope of federal preemption over product liability claims made against manufacturers of certificated...more

Drivers Beware: A Seemingly Safe And Legal Driving Maneuver Could Come With Potentially Life-Changing Hazards

by Fraser Trebilcock on

For more than 30 years, Fraser Trebilcock attorney Gary Rogers has handled automobile negligence litigation. Recently, he has litigated a number of claims arising out of what you might think would be a rather safe driving...more

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

by Nossaman LLP on

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

Insurer Reporting of Total Loss to DMV is Subject to Qualified Privilege and Court Explains Admissibility of Claim Documents

In Klem v. Access Insurance Co. (No. 17D070623, filed 11/20/17), a California appeals court analyzed the admissibility of claim file documents as evidence, and held that an insurer’s reporting of a vehicle total loss...more

Attorney Admonished For Ex Parte Communications With Flight Attendants

by SmithAmundsen LLC on

Regina Raub sued US Airways for injuries she allegedly suffered when her flight encountered turbulence. In preparing the case, Raub’s attorney spoke with two US Airways flight attendants. Ethics rules prohibit a lawyer for...more

A Year-End Summary of Recent Railroad Preemption Cases

by Lane Powell PC on

Railroads have long defended certain state law tort claims in crossing accident and trespasser cases by invoking the doctrine of federal preemption. The past year is no exception. Although the discussion of the cases below is...more

Data Privacy + Cybersecurity Insider - November 2017

by Robinson & Cole LLP on

US-CERT Warns of New Ransomware: Bad Rabbit - The U.S. Computer Emergency Readiness Team (US-CERT) is warning companies in the U.S. about a new ransomware dubbed “Bad Rabbit.” US-CERT stated it has received multiple...more

A Comprehensive Review Of The Grubhub Trial Closing Arguments

by Fisher Phillips on

After a five-hour closing argument session in a California federal court on Monday, the gig economy is waiting with baited breath and trying to hazard their best guesses about how the judge will rule in the high-stakes Lawson...more

UIM Coverage - A Brief Look at Meaningful Offers and a Discovery Lesson

by Nexsen Pruet, PLLC on

An automobile insurance carrier in South Carolina must offer underinsured motorist coverage (UIM), at the option of the insured, up to the limits of the insured liability coverage. If the insurer fails to make a meaningful...more

Toxic Tort Claims From Train Derailment: Fear of Cancer and Satisfaction of the Amount in Controversy Requirement

by Lane Powell PC on

On August 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff’s fear of cancer toxic tort claims arising out of an alleged injury from a...more

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Fifth Circuit Relies on Escobar in Vacating $663 Million FCA Judgment

by Bass, Berry & Sims PLC on

The U.S. Court of Appeals for the Fifth Circuit vacated a $663 million judgment, concluding that the Supreme Court’s opinion in Escobar doomed the plaintiff’s FCA claims on the issue of materiality....more

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