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|OSHA Comments on Distracted Driving Initiative|
John D. Surma; Adams and Reese LLP;
April 29, 2014, previously published on April 21, 2014In OSHA’s April 15, 2014, issue of “Quick Takes,” its bi-monthly newsletter, the agency commented on the US Department of Transportation’s national campaign to stop texting while driving and other forms of distracted driving. OSHA took the opportunity to remind employers of...
|PennDOT Shortlists Four Teams for its Rapid Bridge Replacement P3 Project|
April 28, 2014, previously published on April 16, 2014The Pennsylvania Department of Transportation (“PennDOT”) has announced that based upon responses to PennDOT’s request for qualifications for its Rapid Bridge Replacement Project, a public-private partnership involving the construction of more than 500 bridges, it will invite four...
|The Fifth Circuit Holds that a Shipyard Repair Supervisor is a Jones Act Seaman|
William C. Baldwin; Jones Walker LLP;
April 23, 2014, previously published on April 17, 2014In Naquin v. Elevating Boats, L.L.C. , -- F.3d --, 2014 WL 917053 (5th Cir. Mar. 10, 2014), the United States Fifth Circuit Court of Appeals affirmed a jury's finding that a vessel repair supervisor at a shipyard facility was a Jones Act seaman. This case may mark an expansion of the spectrum of...
|Utilities Feel Effects of Rail Disruptions|
Sutherland Asbill Brennan LLP;
April 17, 2014, previously published on April 14, 2014On April 10, representatives for companies that rely on rail shipments appeared at a Surface Transportation Board (STB) hearing to highlight the problems that recent rail shipment disruptions have caused in their industries and to ask STB to take steps to reduce these disruptions.
|Pivotal LNG Requests FERC Ruling on LNG Terminal Definition and LNG Transportation Jurisdiction|
Sutherland Asbill Brennan LLP;
April 17, 2014, previously published on April 14, 2014Pivotal LNG has filed a petition for declaratory order with FERC seeking a ruling that existing LNG production facilities not otherwise subject to FERC’s jurisdiction under Section 3 of the Natural Gas Act would not be deemed “LNG terminal[s]” subject to Section 3 jurisdiction by...
|Highway 407 Toll Indebtedness: The Benefits of Being Discharged from Bankruptcy|
Mat Goldstein, Jeremy Nemers; Aird Berlis LLP;
April 16, 2014, previously published on April 9, 2014On December 19, 2013, the Ontario Court of Appeal held that the Registrar of Motor Vehicles (the “RMV”) cannot deny vehicle permits to individuals on account of pre-bankruptcy debts owing to the ETR Concession Company Limited (the “ETR”). Based on the intent and purpose of...
|Maryland District Court Applies Lex Loci Contractus and lex loci delicti to Breach of Contract and Tort Dispute to Issue Favorable Judgment for Defendant-Corporation|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
April 2, 2014, previously published on March 2014In Publish America, LLP v. Stern, the United States District Court for the District of Maryland was asked to rule on the defendants’ motion for partial summary judgment and the plaintiffs’ cross motion for summary judgment in a breach of contract and tort action. Plaintiffs MEE Direct,...
|Distracted Driving Update|
Tamara Bogosian, Paul A. Cappitelli, G. Ross Trindle; Best Best & Krieger LLP;
March 25, 2014, previously published on March 24, 2014Overview: A California Court of Appeal recently held that using a cell phone solely for its map function did not violate Vehicle Code section 23123. The court found that both the plain language of the statute and the legislative history showed that the law was meant to prohibit only talking on a...
|The New York State Commercial Goods Transportation Industry Fair Play Act|
Andrew J. Turro; Meyer, Suozzi, English & Klein, P.C.;
March 25, 2014, previously published on March 24, 2014On March 17, 2014, Governor Cuomo signed a bill that made “technical corrections” to the New York State Commercial Goods Transportation Industry Fair Play Act (the “Fair Play Act”). The Fair Play Act, which will go into effect on April 10, 2014, limits the scope and number...
|Industry Canada Introduces Online Search Tool for Railcar Security|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
March 20, 2014, previously published on March 18, 2014In 2013, we provided an overview of the process for registering security interests over railcars or rolling stock in Canada and outlined several considerations to be mindful of when taking railcar security in Canada. Industry Canada has recently launched a new online search tool for railway...