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|Distracted Driving: What's In Your Policy?|
Jennifer B. Sandberg; Fisher & Phillips LLP;
March 6, 2014, previously published on March 1, 2014Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio station, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These distractions created safety hazards and, of course, still do. So just...
|Planes, Trains and Automobiles...And Factories, Refineries, And Power Plants? Court to Hear Challenge to Expansion of Greenhouse Gas Regulations|
Jason A. Flower, John M. Terry; Husch Blackwell LLP;
March 5, 2014, previously published on February 24, 2014As you’ve likely heard, the Environmental Protection Agency (EPA) has now officially taken the position that greenhouse gases like carbon dioxide are fair game for regulation and in fact are required to be regulated under the Clean Air Act. While this development may be cheered by...
|FELA Preempts State Law: FELA Worker Not Eligible for New York’s No Fault Insurance Benefits|
Christopher J. Hoare; Capehart & Scatchard, P.A.;
February 28, 2014, previously published on February 21, 2014In a recent New York State Court decision, Christin v. Metro North Commuter Railroad, et al., the court reaffirmed the FELA’s superiority over N.Y. State Insurance Law when it dismissed the lawsuit filed by a railroad worker who was injured while driving a railroad-owned truck in the course...
|New York State Passes Worker Misclassification Law for Commercial Transportation Industry|
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 31, 2014On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...
|Whistleblower Law Protects Truck Drivers Who Report Safety Violations|
David M. Buffo, Hannah Hemry; Husch Blackwell LLP;
February 5, 2014, previously published on January 31, 2014The Surface Transportation Assistance Act (“STAA”) is a federal law that prohibits employers from discharging or discriminating against truck drivers for reporting safety violations. 29 U.S.C. § 31105. The STAA also protects an employee from termination for refusing to operate a...
|The Seven Deadly C’s...Most Frequent Causes of Air Rage (Other Than Mental or Physical Illness and Prescription Medication Problems)|
Mary F. Schiavo; Motley Rice;
February 4, 2014, previously published on January 29, 2014As a frequent flier it is no surprise to me that the International Air Transport Association reported that the number of incidents involving unruly passengers has increased 12-fold in the past four years. However, the statistics do not tell the full story. Not everyone who boards a plane loses...
|Pennsylvania Joining Other States in Rebuilding Infrastructure|
Frank M. Rapoport, Michael S. Zicherman; Peckar & Abramson A Professional Corporation;
February 4, 2014, previously published on January 2014With a newly enacted public-private partnership law in place, the Pennsylvania Department of Transportation (PennDOT) has invited interested teams to submit their statements of qualifications (SOQs) to design, build, finance and maintain a portfolio of replacement bridges across the Commonwealth....
|Maryland Shortlists Teams on Purple Line P3 Rail Project|
Jason C. Tomasulo; Cohen Seglias Pallas Greenhall & Furman PC;
January 30, 2014, previously published on January 17, 2014The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced that four of the six teams that submitted qualification statements will be permitted to submit proposals to design, build, finance, operate, and maintain the Purple Line light rail public private...
|Disadvantaged Business Enterprise and the Maryland Department of Transportation|
James R. Benjamin; Pessin Katz Law, P.A.;
January 17, 2014, previously published on January 16, 2014What factors does the Maryland Department of Transportation (MDOT) consider when determining ownership of a corporation for purposes of eligibility for certification as a disadvantaged business enterprise (DBE)?
|Exclusion of Expert’s Video Simulation, Because Its Probative Value Was Substantially Outweighed By The Possibility Of Unfair Prejudice, Is Not An Abuse Of Discretion Because The Simulation Could Have Caused Jury To Improperly Defer To Expert’s Opinion|
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 3, 2014, previously published on January 2, 2014In this automobile accident case, the Fourth District Court held that a trial court’s exclusion of a video simulation—because its probative value was substantially outweighed by the possibility of unfair prejudice—was not an abuse of discretion as it could have caused the jury to...