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|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...
|Limited Tort Proof: Get the Signed Waiver Election Form!!|
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 2, 2015, previously published on December 1, 2014Pennsylvania’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...
|Regulators Respond to Recent Crude by Rail Incidents: Ten Considerations Before Shipping Crude by Rail to Mitigate Exposure|
Matt Gatewood, Susan G. Lafferty, David M. McCullough; Sutherland Asbill Brennan LLP;
March 2, 2015, previously published on February 27, 2015Last week’s derailments in West Virginia and Canada bring more scrutiny to the already heavily scrutinized shipment of crude by rail given the real-time media coverage of the incidents. Last Friday, Oregon Senator Ron Wyden sent a letter to the Office of Management and Budget (OMB) regarding...
|Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases|
Sutherland Asbill Brennan LLP;
February 20, 2015, previously published on February 17, 2015Following 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...
|Supremes Leave PAGA Representative Claims Intact|
David L. Cheng; Ford Harrison LLP;
February 18, 2015, previously published on January 21, 2015Executive 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...
|Florida’s Slavin Doctrine: Alive, Well and Expanding?|
Amanda Parker Baggett, Cheryl Lynn Worman; Rogers Towers, P.A.;
February 18, 2015, previously published on January 21, 2015In 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...
|Third 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;
February 18, 2015, previously published on January 22, 2015Executive 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...
|Fourth 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;
February 17, 2015, previously published on December 11, 2014In 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...
|President’s Executive Action on Immigration - Content and Preliminary Analysis of What it Means for Businesses and Compliance|
Laura Foote Reiff; Greenberg Traurig, LLP;
February 17, 2015, previously published on November 20, 2014On November 20, 2014, President Obama released the long-anticipated “Executive Action” on immigration reform. We will also post additional materials made available. Late last summer, the President had postponed the release of such action until after the mid-term elections. Despite the...