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|The Deposition of the Trucking Company Safety Representative|
Michael L. Miller; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on November 2014A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and both parties fully investigate the physical evidence, the electronic data, and the relevant documentation. All of the parties, witnesses, and...
|A Win for the FAA, Status Quo for the UAS Industry|
Amanda E. Tummons; Husch Blackwell LLP;
December 8, 2014, previously published on November 20, 2014The Federal Aviation Administration posted a win this week when the National Transportation Safety Board (NTSB) issued its decision reversing and remanding the decisional order issued by an administrative law judge (ALJ) in the case of Michael Huerta, Administrator, Federal Aviation Administration...
|West Coast Ocean Cargo Congestion: Facts and Remedies|
Carlos Rodriguez; Husch Blackwell LLP;
December 8, 2014, previously published on November 17, 2014All importers and exporters which ship through West Coast ocean ports are by now truly concerned about their cargo being on the shelves in time for sale during the holiday season, and on the export side that their cargo might not reach their buyers any time soon. To add insult to injury, most, if...
|Are FedEx Delivery Drivers Employees or Independent Contractors? The Kansas Supreme Court Applies the 20-Factor Test, and Rules They Are Employees|
David M. Eisenberg; Baker Sterchi Cowden & Rice, L.L.C.;
November 28, 2014, previously published on November 6, 2014For years, courts have grappled, in a variety of contexts, with the question of whether a company’s workers are employees of the company, or independent contractors. While virtually all courts have agreed that the characterization of someone as an independent contractor in a written agreement...
|ITC Institutes Investigation (337-TA-935) Regarding Certain Personal Transporters|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 5, 2014On November 5, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Personal Transporters (Inv. No. 337-TA-932).
|The Skies Are Still Friendly, Despite Virgin Galactic Crash|
Eric J. Sinrod; Duane Morris LLP;
November 17, 2014, previously published on November 5, 2014First, we took to the air by hot air balloon. Next, we went even higher via ever-developing aircraft. Astronauts then made their way into outer space and even to the moon.
|Eurasian Economic Union|
Victoria Simonova; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...
|Registering Security Interests Over Railcars or Rolling Stock in Canada - Introduction of Online Deposit Function|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
November 15, 2014, previously published on October 15, 2014As outlined in previous e-lerts, the registration of security agreements, leases and other documents relating to railcars in Canada is governed by the Canada Transportation Act 1 (the “CTA”). Registration of a document associated with railways or rolling stock under the CTA is intended...
|Be Aware Changes to Truck Driver Medical Exams May Be Coming|
David M. Buffo; Husch Blackwell LLP;
November 12, 2014, previously published on October 31, 2014On October 27, 2014 the Federal Motor Carrier Safety Administration’s Medical Review Board (the Board) and the Motor Carrier Safety Advisory Committee (MCSAC) approved a recommendation that would amount to a significant change in the medical regulations if the recommendation were to become...
|Ohio: Air Transportation Operator is Not a Public Utility and Not Entitled to Exemption from Sales Tax|
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
October 8, 2014, previously published on October 2, 2014The Ohio Board of Tax Appeals (Board) recently determined in Epic Aviation, LLC v. Testa (Case No. 2012-1557) that an air transportation operator’s purchases of fuel were not exempt from Ohio sales tax because such company was not using or consuming the fuel “directly in the rendition...