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HTMLTransportation in Focus
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 13, 2015
The long running war between traditional taxis and upstarts like Uber has gotten even uglier. The public face of the taxis is its trade group - the Taxicab, Limousine, and Paratransit Association (TLPA) - and that trade group has hired a Bethesda, Maryland-based PR firm to create a media campaign...

 

HTMLNew Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions
Mary F. Schiavo; Motley Rice;
Legal Alert/Article
March 19, 2015, previously published on March 16, 2015
Two particular technologies are often of great interest to the National Transportation Safety Board whenever they investigate the collision between a vehicle and a train: the effectiveness and application of the crash energy management technology, which can use a number of different technologies to...

 

HTMLHouse Passes Passenger Rail Bill
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 6, 2015
A larger Republican majority hasn't made Speaker John Boehner's job any easier. Despite the larger numbers of Republicans in the House, the Speaker is increasingly finding himself relying on Democrats to pass legislation. This week's Passenger Rail bill was just the latest example.

 

HTMLLimited Tort Proof: Get the Signed Waiver Election Form!!
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Pennsylvania’s Motor Vehicle Financial Responsibility Law (PAMVFRL) (75 Pa.C.S. § 1705) provides that a named insured may elect the “limited tort option,” subject to certain exceptions. An insured can choose to limit the right to sue for noneconomic damages (i.e., pain and...

 

HTMLEighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
Following train derailments in 2007 and 2010, a railroad brought suit against a services company alleging that the services company negligently reconditioned certain railcar axles, which caused the axles to fail and the resulting derailments. At trial, the jury found in favor of the services...

 

HTMLFlorida’s Slavin Doctrine: Alive, Well and Expanding?
Amanda Parker Baggett, Cheryl Lynn Worman; Rogers Towers, P.A.;
Legal Alert/Article
February 18, 2015, previously published on January 21, 2015
In a recent opinion, the Fourth District Court of Appeal appears to have expanded the Slavin doctrine in the context of design professional liability. In McIntosh v. Progressive Design and Engineering, Inc. (Jan. 7, 2015), the plaintiff’s father was killed in a car accident as he attempted to...

 

HTMLThird Circuit Finds that the Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated for Off-Duty Injuries
Douglas W. Hall; Ford Harrison LLP;
Legal Alert/Article
February 18, 2015, previously published on January 22, 2015
Executive Summary: In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for "following orders or a treatment plan of a treating...

 

HTMLSupremes Leave PAGA Representative Claims Intact
David L. Cheng; Ford Harrison LLP;
Legal Alert/Article
February 18, 2015, previously published on January 21, 2015
Executive Summary: On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring representative claims, despite the existence of...

 

HTMLFourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis and Mitigation Measures - Dissent Warns Majority Opinion Will Weaken and Confuse the Law
Jeffrey W. Forrest, Jennifer L. Gunsch; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 17, 2015, previously published on December 11, 2014
In a split decision on November 24, 2014, the Fourth District California Court of Appeal invalidated the program EIR for San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (Regional Transportation Plan). The court found the EIR in...

 

HTMLSummary of AILA’s Monthly Check-In with “Charlie” (November Edition)
Cory A. Richards; Greenberg Traurig, LLP;
Legal Alert/Article
February 17, 2015, previously published on November 26, 2014
On Nov. 7, 2014, the November 2014 Visa Bulletin was released. Shortly thereafter, on Nov. 13, 2014, AILA “checked in” with Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and...

 


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