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HTMLNJ 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.;
Legal Alert/Article
March 20, 2015, previously published on March 13, 2015
In 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...

 

HTMLNew Train Crash Technology May Be the Difference in Lives Lost Due to Vehicle Collisions
Mary F. Schiavo; Motley Rice;
Legal Alert/Article
March 19, 2015, previously published on March 16, 2015
Two 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...

 

HTMLTransportation in Focus
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 13, 2015
The 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...

 

HTMLHouse Passes Passenger Rail Bill
McDonald Hopkins LLC;
Legal Alert/Article
March 19, 2015, previously published on March 6, 2015
A 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.

 

HTMLU.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;
Legal Alert/Article
March 6, 2015, previously published on March 5, 2015
A 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...

 

HTMLLimited Tort Proof: Get the Signed Waiver Election Form!!
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Pennsylvania’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...

 

HTMLRegulators 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;
Legal Alert/Article
March 2, 2015, previously published on February 27, 2015
Last 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...

 

HTMLEighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
Following 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...

 

HTMLThird 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;
Legal Alert/Article
February 18, 2015, previously published on January 22, 2015
Executive 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...

 

HTMLSupremes Leave PAGA Representative Claims Intact
David L. Cheng; Ford Harrison LLP;
Legal Alert/Article
February 18, 2015, previously published on January 21, 2015
Executive 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...

 


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