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HTMLThe Deposition of the Trucking Company Safety Representative
Michael L. Miller; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 2014
A 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...

 

HTMLA Win for the FAA, Status Quo for the UAS Industry
Amanda E. Tummons; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 20, 2014
The 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...

 

HTMLWest Coast Ocean Cargo Congestion: Facts and Remedies
Carlos Rodriguez; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 17, 2014
All 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...

 

HTMLAre 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.;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
For 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...

 

HTMLITC Institutes Investigation (337-TA-935) Regarding Certain Personal Transporters
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 22, 2014, previously published on November 5, 2014
On 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).

 

HTMLThe Skies Are Still Friendly, Despite Virgin Galactic Crash
Eric J. Sinrod; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
First, 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.

 

HTMLEurasian Economic Union
Victoria Simonova; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
On 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...

 

HTMLRegistering Security Interests Over Railcars or Rolling Stock in Canada - Introduction of Online Deposit Function
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
Legal Alert/Article
November 15, 2014, previously published on October 15, 2014
As 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...

 

HTMLBe Aware Changes to Truck Driver Medical Exams May Be Coming
David M. Buffo; Husch Blackwell LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
On 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...

 

HTMLOhio: 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;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
The 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...

 


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