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|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...
|Pennsylvania Joining Other States in Rebuilding Infrastructure|
Frank M. Rapoport, Michael S. Zicherman; Peckar & Abramson A Professional Corporation;
February 4, 2014, previously published on January 2014With a newly enacted public-private partnership law in place, the Pennsylvania Department of Transportation (PennDOT) has invited interested teams to submit their statements of qualifications (SOQs) to design, build, finance and maintain a portfolio of replacement bridges across the Commonwealth....
|“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...
|Trade Facilitation: A Critical Element for Africa’s Place in the Global Value Chain|
Evelyn M. Suarez; Williams Mullen;
February 3, 2014, previously published on January 28, 2014The case for regional integration in Africa has been made, by Donald Kaberuka, President of the African Development Bank, as well as by other well-known African authorities. So the question that now arises is how can regional integration be accomplished? Large amounts of money - both public and...
|South Carolina Supreme Court Dismisses Lawsuit Against Carnival Cruise Lines|
Ronald E. Cardwell; Nexsen Pruet, LLC;
January 30, 2014, previously published on January 23, 2014On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held the citizen groups lacked standing to assert their nuisance and zoning...
|Maryland Shortlists Teams on Purple Line P3 Rail Project|
Jason C. Tomasulo; Cohen Seglias Pallas Greenhall & Furman PC;
January 30, 2014, previously published on January 17, 2014The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced that four of the six teams that submitted qualification statements will be permitted to submit proposals to design, build, finance, operate, and maintain the Purple Line light rail public private...
|Massachusetts Federal District Court Decision Reminds Employers Yet Again That They Should Not Trifle With the Independent Contractor Law|
Erin Cornell Horton; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 15, 2014, previously published on January 10, 2014Not gonna happen. That’s what the United States District Court for the District of Massachusetts basically concluded about independent contractor arrangements in Massachusetts.
|Exclusion of Expert’s Video Simulation, Because Its Probative Value Was Substantially Outweighed By The Possibility Of Unfair Prejudice, Is Not An Abuse Of Discretion Because The Simulation Could Have Caused Jury To Improperly Defer To Expert’s Opinion|
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 3, 2014, previously published on January 2, 2014In this automobile accident case, the Fourth District Court held that a trial court’s exclusion of a video simulation—because its probative value was substantially outweighed by the possibility of unfair prejudice—was not an abuse of discretion as it could have caused the jury to...
|Germany Enacts a New Maritime Statute|
Borden Ladner Gervais LLP;
December 27, 2013, previously published on December 19, 2013April 25, 2013 was a noteworthy date in the history of German maritime legislation. On that date, the new German maritime statute came into force, amending Book 5 (Maritime Trade) of the German Commercial Code (the Handelsgesetzbuch or “HGB”). The amending legislation, on which work...
|The HNS Convention 2010 is Coming to Canada|
Borden Ladner Gervais LLP;
December 27, 2013, previously published on December 19, 2013Although it is not yet in force, Canada is taking steps to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 2010, commonly termed the “HNS Convention”. On October 18, 2013, Bill...