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|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...
|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...
|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...
|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...
|U.S. Department of Homeland Security Extends REAL ID Document Enrollment Dates Affecting State-Issued Driver’s Licenses and IDs|
Nataliya Binshteyn; Greenberg Traurig, LLP;
February 17, 2015, previously published on January 2, 2015Pursuant to its phased implementation of the REAL ID Act, which establishes minimum standards for the production and issuance of state-issued driver’s licenses and identification cards and prohibits federal agencies from accepting non-compliant versions of these documents for official...
|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...
|Summary of AILA’s Monthly Check-In with “Charlie” (November Edition)|
Cory A. Richards; Greenberg Traurig, LLP;
February 17, 2015, previously published on November 26, 2014On 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...