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HTMLTwo Recent Decisions Threaten to Erode Protections for Employers Against Negligent Hiring, Training and Retention Claims
John A. Watt; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
November 8, 2013, previously published on October 30, 2013
In McHaffie v. Bunch, 891 S.W.2d 822, 824 (Mo. banc 1995), the Missouri Supreme Court held that once an employer has admitted to respondeat superior liability for an employee driver’s negligence, it is improper to allow a plaintiff to proceed against the employer on any other theory of...


HTMLAnother Way the Rails Can Help the Infrastructure Industry...
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
The FCC is seeking comments on a proposed Program Comment to govern the review of PTC wayside facilities construction under Section 106 of the National Historic Preservation Act (“NHPA”). The ideas under consideration for the potential Program Comment are described in a Section 106...


HTMLWireless Infrastructure Opportunities in Transit Rail
Shulman Rogers Gandal Pordy Ecker P.A.;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
Transit rail operators are increasingly interested in wireless infrastructure. Their ridership has come to demand the almost ubiquitous wireless coverage that they are used to in metropolitan areas and along major roadways. For underground transit rail lines, communications facilities have become a...


HTMLExpanded Department of Transportation Buy America Requirements Will Apply to Utility Providers
Dentons Canada LLP;
Legal Alert/Article
October 24, 2013, previously published on October 24, 2013
Effective January 1, 2014, changes in the US Federal Highway Administration (FHWA) Buy America rules implemented by 'The Moving Ahead for Progress in the 21st Century Act' (MAP-21) will require utility providers to certify that the materials used in utility relocations comply with Buy America, even...


HTMLWet Lease Agreements under Turkish Regulations
Ceren Ciftci; HERDEM Attorneys At Law;
Legal Alert/Article
October 21, 2013, previously published by
A wet lease is a leasing arrangement whereby the lessor (one airline or aircraft operator) provides an aircraft, complete crew/only cockpit crew, maintenance, and insurance (hull and third party liability) to the lessee (another airline or aircraft operator), which pays by hours operated. The term...


HTMLPublic Hearing 05/2013: Proposed Regulation In Relation To Authorizations to Build, Exploit And Expand Private Use Terminals, Freight Transshipment Stations, Small-Sized Public Port Facilities and Tourism Port Facilities.
Gustavo Passos Corteletti, Daniel Gunzburger; Tauil & Chequer Advogados in association with Mayer Brown LLP;
Legal Alert/Article
September 26, 2013, previously published on September 25, 2013
As from Monday, September 23, 2013, any interested party may provide suggestions on the new wording of the ports related Resolution that will deal with the procedures for granting authorizations to build, exploit and expand Private Use Terminals, Freight Transshipment Stations, Small-sized Public...


HTMLCourt of Appeals Leaves Nearly All Hours-of-Service Regulations Intact
Ian Lambeets; Sands Anderson PC;
Legal Alert/Article
September 2, 2013, previously published on August 29, 2013
In the words of Alabama, “Roll on eighteen-wheeler, roll on” but be certain to heed the newly upheld hours-of-service regulations. The Court of Appeals’ recent decision in American Trucking Association Inc. v. FMCSA “brings to an end much of the permanent warfare...


HTMLOhio in the Fast Lane
Michael E. Cicero; Nicola, Gudbranson & Cooper, LLC;
Legal Alert/Article
August 26, 2013, previously published on Summer 2013
In the most recent budget bill, the Ohio Legislature authorized the Ohio Department of Transportation (ODOT) to raise the speed limit on rural interstate roadways within the state, effective July 1. The new speed limit in these areas has been raised from 65 to 70 mph and is consistent with the...


HTMLThe Logistics Contract In Commercial and Transport Law
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
August 24, 2013, previously published on August 23, 2013
The logistics contract is a so-called mixed-type agreement found in commercial and transport law.


HTMLD.C. Circuit Partially Invalidates New Rules Regarding Hours of Service for Commercial Motor Vehicle Drivers
Molly Brau, John F. Fatino; Whitfield & Eddy, P.L.C.;
Legal Alert/Article
August 7, 2013, previously published on August 5, 2013
On August 2, 2013, the United States Court of Appeals for the D.C. Circuit partially invalidated the new rules regarding Hours of Service for operators of commercial motor vehicles. Before exploring the Court’s ruling, some background on the rule is in order.


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