Transportation

  • May 24, 2017

    Judge Won't Revisit Bid To Arbitrate Soybean Shipping Fight

    A New York federal judge on Tuesday declined to rethink her decision tossing a Danish shipping company’s bid to arbitrate a dispute over a soybean shipment with the Paraguayan affiliate of a global agricultural products trader, rejecting the Danish company’s contention that the court overlooked certain allegations.

  • May 23, 2017

    More Detainee Beds, Immigration Agents Under Trump Budget

    The border wall would begin to take shape, thousands of additional beds for detainees would be secured, and 10 percent of the additional 15,000 immigration agents and officers sought by President Donald Trump would be hired as part of the 2018 budget proposal released by the administration on Tuesday.

  • May 23, 2017

    Researchers Find Complex Defeat Device Code

    An international computer science research team has discovered the software code behind the defeat devices used in Volkswagen AG and Fiat Chrysler diesel cars to evade emissions standards, according to a study released Monday.

  • May 23, 2017

    High Court Asked To Review Car Shipping Price-Fix Dispute

    Truck and equipment dealers and other buyers of vehicles transported by maritime shipping companies on Tuesday asked the U.S. Supreme Court to overturn a Third Circuit ruling that shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.

  • May 23, 2017

    Nissan Hit With $256M Verdict Over Failure Of Dealerships

    Nissan Motor Acceptance Corp. must pay $256 million to a car dealer group after driving it into ruin during the Great Recession, a California jury determined Monday.

  • May 23, 2017

    EPA Sues Fiat Over Emissions Testing 'Defeat Devices'

    Following months of investigation, the U.S. Environmental Protection Agency on Tuesday formally accused Fiat Chrysler of installing “defeat devices” in about 104,000 diesel vehicles that produced lower emissions levels during testing than while on the road, according to a lawsuit filed in Michigan federal court.

  • May 23, 2017

    Cuomo Creates Task Force To Mull Future Penn Station Fixes

    New York Gov. Andrew Cuomo on Tuesday announced an aggressive short- and long-term action plan to shore up management at Penn Station and address what he described as the busy transportation hub’s chronic failures ahead of extensive track repairs that are slated to begin this summer.

  • May 23, 2017

    Broker Not Negligent In Copper Loss Dispute, 6th Circ. Says

    A trucking company that suffered a theft of copper shipments can't hold insurance broker Cottingham & Butler Insurance Services liable for negligently failing to notify the company that its new policy contained a copper exclusion, the Sixth Circuit affirmed on Tuesday, finding the broker had provided sufficient notice of the change.

  • May 23, 2017

    DC Circ. Affirms FERC’s Certificate For $600M Gas Pipeline

    A D.C. Circuit panel on Tuesday affirmed the Federal Energy Regulatory Commission’s decision to approve an approximately $600 million gas pipeline project in New Jersey and Pennsylvania, denying an environmental group’s contention that the certificate violated the Clean Water Act.

  • May 23, 2017

    Auto Parts Supplier Settles Price-Fixing Claims For $7.6M

    End payors on Monday asked a Michigan federal judge to approve a proposed $7.6 million deal to settle claims in multidistrict litigation that an automotive bearings supplier and its Swedish affiliates participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.

  • May 23, 2017

    Trump Budget Injects $200B Into Transpo Infrastructure

    President Donald Trump laid the foundation for his highly touted $1 trillion infrastructure investment plan by proposing a $200 billion injection into infrastructure over the next decade and backing air traffic control reform as part of his first full budget proposal released Tuesday.

  • May 23, 2017

    GM Slams Corvette Owners' Bid To Make Due Process Claims

    Forty Corvette owners can’t claim that their right to due process was violated when General Motors didn’t specifically inform them of bankruptcy proceedings, the automaker told a New York federal judge Monday, arguing that parties are bound by a court order even if they aren’t formally notified of it.

  • May 23, 2017

    German Prosecutors Search Daimler Offices

    Daimler AG on Tuesday said that German prosecutors searched its offices in connection with a recently launched investigation into whether the German automaker's employees committed fraud connected to sales of its diesel cars by falsifying emissions documents.

  • May 23, 2017

    Alaskan Taxidermist In Fla. Court Admits To Bird Smuggling

    An Alaska man has pled guilty in federal court in Florida to participating in a conspiracy to smuggle birds, including protected species, into the United States for his own extensive collection and that of a longtime Florida taxidermist.

  • May 23, 2017

    Feds Urge Justices To Nix Bombardier 'Ticket Tax' Petition

    The U.S. government has told the U.S. Supreme Court that there is no need to take up Bombardier Aerospace Corp.’s petition challenging an IRS designation of management fees for privately held airplanes as subject to federal commercial ticket taxes, saying that the Fifth Circuit applied the correct standard to the agency’s tax audit.

  • May 22, 2017

    GAO Says Tribal Road Data Could Help Kids Get To School

    The Bureau of Indian Affairs could collect better data about roads on tribal lands that need repair, a move that would help develop strategies to reduce school absences among Native Americans, the Government Accountability Office said Monday.

  • May 22, 2017

    Over 700K Foreign Visitors Overstayed Visas, DHS Finds

    Over 700,000 foreign visitors and workers overstayed the length of their authorized periods in the last fiscal year, according to a report issued Monday by the U.S. Department of Homeland Security, which found an overstay rate of nearly 1.5 percent.

  • May 22, 2017

    3 Things To Watch In The Next FAA Reauthorization Bill

    As Congress gets ready to negotiate long-term funding for the Federal Aviation Administration in what could be the first major FAA reauthorization bill in five years, industry stakeholders will be watching to see how lawmakers handle a few key issues, from a proposal to privatize air traffic control to consumer protection concerns.

  • May 22, 2017

    Kuwaiti Auto Dealer Can't Immediately Challenge Arbitration

    A Michigan federal judge declined on Monday to allow a Kuwaiti auto dealer to immediately appeal his order requiring the dealer to arbitrate its breach of contract claims against Ford Motor Co., saying that such an appeal wouldn't do enough to advance the litigation to a final outcome.

  • May 22, 2017

    9th Circ. Says Union's Split Of American Airlines Equity OK

    The Ninth Circuit on Monday found that the Transport Workers Union of America hadn’t acted in bad faith when it cut out certain retirees from equity payments it received in an airline bankruptcy settlement, concluding the union hadn’t breached its duty of fair representation of its members.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Does FERC Delegation Authority Survive Loss Of Quorum?

    Harvey Reiter

    In Allegheny Defense Project v. Federal Energy Regulatory Commission, the petitioner has raised three different arguments why its appeal is not premature — all of which go to the legal status of FERC's tolling orders. Therefore, it seems likely that the D.C. Circuit will have to address at least some aspect of the scope and lawfulness of FERC's delegation authority, say attorneys with Stinson Leonard Street LLP.

  • What Lawyers Can Learn From United's Passenger Incident

    Peter Shaplen

    Following United Airlines' disastrous response to its recent mishandling of a passenger, the change to note is simply this: While there was always pressure to mount a quick legal response and communicate it, the time frame for this has been reduced to nanoseconds, say Peter Shaplen and Traci Stuart of Blattel Communications.

  • Is It Time To Do Away With The TSA?

    Alan Hoffman

    Does the burden imposed on airlines and the public by the all-encompassing domestic airport security regime provide any real benefit? The arbitrary nature of many of the U.S. Transportation Security Administration's procedures, and the modifications made to mollify public outcry, suggests that they add little real value, says Alan Hoffman of Husch Blackwell LLP.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • Driverless Vehicles May Put The Brakes On Accident Suits

    Peter Hart

    When autonomous driving technology replaces error-prone human drivers, many are betting that businesses such as trucking firms, delivery services and shuttle operators will face dramatically fewer legal settlements and court battles triggered by vehicular accidents. Now is the time for companies to consider how the shift to autonomous vehicles could create opportunities and challenges for their businesses, says Peter Hart of LeClairRyan.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Uber May Have Met Its Waterloo In Europe

    Thomas Dickerson.jpeg

    Recent developments in Europe suggest that Uber’s business model — built on its claims that it is a digital platform between consumer and driver, not a transportation company, and that its workers are merely independent contractors, not employees governed by local labor laws — may be approaching collapse on the continent sooner than anticipated, says Thomas Dickerson of Herzfeld & Rubin PC.

  • Foresight Is Key To Large-Cap Construction Projects

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    Developing and constructing a large-scale project is akin to a marathon that begins at the earliest stages of development and ends after years of work. Experienced and effective construction counsel should be able to reduce an owner’s exposure to cost and schedule slippage while providing proactive advice to overcome both expected and unexpected development challenges, say attorneys with King & Spalding LLP.

  • Classifying Gorsuch’s Views On Misclassification

    Rich Meneghello

    Perhaps no modern workplace law conflict screams out for resolution more than the issue of independent contractor misclassification. But how might Justice Neil Gorsuch rule if a case involving this issue worked its way up to the high court? An examination of his previous judicial record offers two significant clues, says Rich Meneghello of Fisher Phillips.