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HTMLThe Limitation of Liability Act: A Vessel Owner’s First Line of Defense After a Maritime Accident Occurs
Melissa Button; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
August 20, 2014, previously published on August 12, 2014
Maritime law, also referred to as admiralty law, is the body of law that governs navigation and shipping. It is a unique area of law that differs from common law and is applied uniformly throughout the country. Maritime law provides a legal framework for issues and accidents that take place on...

 

HTMLBNSF Railway to Increase Coal Shipments to Dairyland Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
BNSF Railway has pledged to increase shipments of coal to the Genoa facility of Dairyland Power Cooperative. Dairyland is confident that the increased shipments will allow its Genoa facility to continue operating through the winter. The increase is due to pressure from the federal Surface...

 

HTMLRailroad Worker’s Retaliation Claims For Refusing To Fabricate Safety Violations Proceed To Jury
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The anti-retaliation provisions of the Federal Railroad Safety Act are fairly recent additions to the statute and contain, on their face, a lighter causation standard than other employment retaliation statutes. They provide that a “railroad carrier ... may not discharge, demote, suspend,...

 

HTMLNational Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are the folks charged with determining the probable cause of many...

 

HTMLSecond Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment,...

 

HTMLPHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule prohibiting companies who fail to pay a civil penalty as ordered, or who fail to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations (49 CFR Parts...

 

HTMLMotor Carriers Face Uphill Battle After California Supreme Court Decision
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...

 

HTMLSale of Self-Driving Cars to Consumers by 2025?
Matthew J. Riopelle; Foley & Lardner LLP;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
More and more, self-driving cars are morphing from fantasy portrayed in futuristic societies to reality. Google’s autonomous prototype and California’s proposed regulations regarding the testing of self-driving cars on public roads demonstrate the increasing likelihood of self-driving...

 

HTMLUnfair Railroad Fuel Taxation? U.S. Supreme Court Agrees to Hear CSX Transportation Case
McDonald Hopkins LLC;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
The U.S. Supreme Court granted certiorari in Alabama Dept. of Revenue v. CSX Transportation, Inc., --- S. Ct. ---- (2014), on July 1, 2014. While the Court generally addresses the questions presented in the writ of certiorari if it decides to hear the case, the Court added a question of its own for...

 

HTMLWhite House Initiative to Expand Public-Private Partnerships
Alais L. M. Griffin, Jamey L. Tesler, David Veator; Greenberg Traurig, LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
On July 17, 2014, President Obama announced a new infrastructure investment initiative, the “Build America Investment Initiative.” Among other things, this program is designed to foster increased use of federal credit programs and public-private partnerships (P3s) by state and local...

 


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