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|Truckers Beware The "City Different"|
Paul T. Yarbrough; Hall & Evans, L.L.C.;
April 15, 2015, previously published on March 31, 2015What in the world is going on in Santa Fe, New Mexico? This 400-year-old capital city is home to the nation's oldest church and other architectural treasures, incredible artworks, and a rich mixture of Hispanic, Anglo, and Native American cultures. Trying a case in Santa Fe is hard because you seem...
|Georgia's Transportation Bill Signals 2016 Tax Reform|
Stephen A. Burroughs, Jonathan A. Feldman; Sutherland Asbill & Brennan LLP;
April 2, 2015, previously published on April 1, 2015Following up on our coverage of Georgia tax reform, late last night the Georgia Assembly passed a committee substitute to the House’s Transportation Funding Bill, H.B. 170. The bill represents a compromise of the House and Senate proposals, establishing a 26-cents-per-gallon excise tax on...
|Review of New Illinois Laws: Transportation|
Heyl Royster Voelker Allen Professional Corporation;
March 24, 2015, previously published on March 2015Speed Limits increased from 55 to 60 m.p.h. for heavy trucks and buses on Interstate highways in Cook County and the collar counties (S.B. 930, Sandoval-Oberweis—Moylan-DeLuca et al.), and to 70 m.p.h. for other vehicles on Interstate toll highways in urban districts (S.B. 2015,...
|Venue: A Key Factor in Trucking Litigation|
Brad Keller; Heyl, Royster, Voelker & Allen Professional Corporation;
March 24, 2015, previously published on Spring 2015Venue can have a tremendous effect on litigation, with some believing it can occasionally be more important than any single fact in a case. Venue affects litigation in many ways, including the value of a claim and the convenience and expense of defending litigation.
|Lessons from a Deposition: Insight into One Plaintiff’s Counsel’s Strategy for Establishing Broker Liability|
Michael Reda; HeplerBroom LLC;
March 23, 2015, previously published on January 8, 2015As defense counsel in the trucking industry have seen in recent years, broker liability is a burgeoning area in which plaintiff’s attorneys are beginning to explore as a means to reach the elusive “deep pockets” of many of our broker clients. Much of the lure of broker liability...
|NJ Supreme Court Rules that Expert’s Report Properly Barred as Net Opinion Because Contradicted by Facts in Record|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
March 20, 2015, previously published on March 13, 2015In Townsend v. Pierre, decided March 12, 2015, the New Jersey Supreme Court addressed the net opinion rule in the context of an automobile accident negligence case. This case involved a tragic accident in which Alvin Townsend, a motorcyclist, was killed. He was travelling on Levitt Parkway and...
|House Passes Passenger Rail Bill|
McDonald Hopkins LLC;
March 19, 2015, previously published on March 6, 2015A 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.
|Transportation in Focus|
McDonald Hopkins LLC;
March 19, 2015, previously published on March 13, 2015The 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...
|New Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions|
Mary F. Schiavo; Motley Rice;
March 19, 2015, previously published on March 16, 2015Two 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...
|U.S. Supreme Court Sends 4-R Act Case Back to Lower Court for the Second Time|
Michele Borens, Jonathan A. Feldman, Jeffrey A. Friedman, Todd A. Lard, Carley A. Roberts; Sutherland Asbill Brennan LLP;
March 6, 2015, previously published on March 5, 2015A day after issuing its decision in Direct Marketing Ass’n v. Brohl, the U.S. Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc. The Court held that a rail carrier can show discrimination under subsection (b)(4) (“catchall provision”) of the Railroad...