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|Truck Driver’s Evasive Maneuver Insufficient to Form Basis for Liability|
Christopher J. Hoare; Capehart & Scatchard, P.A.;
February 28, 2014, previously published on February 21, 2014A trucking company and its tractor trailer driver who avoided contact with the rear of a stopped vehicle by pulling into the adjoining lane without contacting with other vehicles was dismissed by summary judgment in the recent appellate decision of Matino et al. v. Tipton Trucking, LLC, A&L Harper...
|A Boost for Entrepreneurs: Minority-, Women- and Veteran-owned Businesses|
Elliot G. Hicks; Spilman Thomas & Battle, PLLC;
February 25, 2014, previously published on February 18, 2014Recognizing that our country -- our “team,” if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help disadvantaged entrepreneurs get started on the path of business...
|Amendment of 28 U.S.C. § 1441 Expands Number and Types of Admiralty Cases That May Be Removed from State to Federal Court|
Matthew S. Lejeune; Jones Walker LLP;
February 24, 2014, previously published on February 20, 201428 U.S.C. § 1333 provides that federal district courts "have original jurisdiction, exclusive of the courts of the States, of ... any civil action of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are entitled." The "saving to...
|Montgomery County Takes Steps Towards Rapid Transit|
Elizabeth C. Geare; Lerch, Early & Brewer, Chartered;
February 14, 2014, previously published on February 10, 2014The Montgomery County Council unanimously approved the Countywide Transit Corridors Functional Master Plan (Functional Master Plan) on November 26, 2013, which represents a necessary first step in establishing a countywide, state-of-the-art rapid transit vehicle system, potentially comparable to...
|Brazilian Ministry of Transportation Installs RFP For Studies OF New Highway Concessions|
Claudia Elena Bonelli; TozziniFreire Advogados;
February 14, 2014As part of the federal highway privatization program, already in its third stage, the Federal Government installed new requests for proposals (“RFPs”) concerning federal highway concessions.
|English High Court concludes that terms of Luton Airport’s coach concession agreement are an unlawful abuse of its dominant position|
Becket McGrath, Trupti Reddy; Edwards Wildman Palmer LLP;
February 12, 2014, previously published on February 10, 2014 Air passengers landing at an airport typically have a range of options for onward travel, including taxi, train or bus. Where available, dedicated airport buses are often a popular choice for passengers, as they offer convenient city centre connections and are generally cheaper than trains, albeit...
|New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever|
Christopher M. Curran, Salvador P. Simao; Ford & Harrison LLP;
February 10, 2014, previously published on February 5, 2014Executive Summary: New York Governor Andrew Cuomo has signed the "New York State Commercial Goods Transportation Industry Fair Play Act," which will have a significant impact on employers in the transportation industry by changing the tests used to determine whether a worker is an...
|New York State Passes Worker Misclassification Law for Commercial Transportation Industry|
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 31, 2014On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...
|Whistleblower Law Protects Truck Drivers Who Report Safety Violations|
David M. Buffo, Hannah Hemry; Husch Blackwell LLP;
February 5, 2014, previously published on January 31, 2014The Surface Transportation Assistance Act (“STAA”) is a federal law that prohibits employers from discharging or discriminating against truck drivers for reporting safety violations. 29 U.S.C. § 31105. The STAA also protects an employee from termination for refusing to operate a...
|“I’ve Been Working On the Subway...” When Can You Lien a Public Transportation Infrastructure Project|
Daniel Dawalibi, Julie K. Parla; McCarthy Tétrault LLP;
February 4, 2014, previously published on January 27, 2014As Ontario governments continue to invest in transportation infrastructure, the question arises: Can these public projects be subject to liens by the trades who work on them? The short answer is “yes, potentially”. That was the finding of Master Short in the decision of Advanced...