News & Analysis as of

Liability Preemption

Husch Blackwell LLP

Guns, Liability, and the Law: Why the Gustafson Decision Matters

Husch Blackwell LLP on

The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

Goldberg Segalla on

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

Amundsen Davis LLC on

The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Frantz Ward LLP

District Court of South Carolina Slams the Brakes on Broker Liability

Frantz Ward LLP on

In a negligence action brought against transportation broker, Echo Global Logistics, Inc. (“Echo”), the District Court for the District of South Carolina held that Congress expressly preempted state laws related to brokers’...more

Faegre Drinker Biddle & Reath LLP

How the Anti-Drunk Driving Technology Mandated by Recent Legislation May Impact the Liability of Automobile Manufacturers and the...

The Infrastructure Investment and Jobs Act (the “Act”), signed into law on November 15, 2021, has been followed closely by the transportation sector.  One section of the Act has the potential to impact the landscape of...more

Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

Holland & Knight LLP on

The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

Morgan Lewis - Up & Atom

Lessons from the Ninth Circuit’s Recent Fukushima Ruling

A panel of the US Court of Appeals for the Ninth Circuit on May 22 issued an order upholding a trial court’s dismissal of the long-running Cooper v. Tokyo Electric Power Co. Holdings Inc. lawsuit. ...more

Polsinelli

Vehicle Rental Laws: Road Blocks To Evolving Mobility Models?

Polsinelli on

The laws and regulations governing mobility are inconsistent and antiquated and should be modernized to encourage innovation as we prepare for an autonomous car future. The National Highway Traffic Safety Administration...more

Benesch

Freight Claims, Liability and Risk Management

Benesch on

Federal preemption over state causes of action in regards to cargo claims remains one of the most important principals of transportation law.  Its history is rooted in the United States Constitution....more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

Vedder Price on

After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

Vedder Price on

In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

Holland & Knight LLP on

The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Best Best & Krieger LLP

[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure

As pilot projects testing self-driving and connected vehicles continue to roll out across the country, new policy, liability and contractual issues arise — in addition to considerations around future "smart" infrastructure...more

Foley & Lardner LLP

Congress Faces Tough Questions on the Road to Governing Self-Driving Cars

Foley & Lardner LLP on

Self-driving cars must also scare the hell out of Congress too. This past June 14 – long after states began their forays into regulating self-driving cars – the U.S. Senate Commerce, Science, and Transportation Committee...more

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