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|Transportation in Focus|
McDonald Hopkins LLC;
March 19, 2015, previously published on March 13, 2015The 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...
|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...
|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...
|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...
|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...
|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...
|Is Full-Time Telecommuting a Good or Bad Thing?|
Eric J. Sinrod; Duane Morris LLP;
February 17, 2015, previously published on December 16, 2014For the longest time, many workers complained about commuting to work. On top of a long work day at the office, they also had to lose time while being stuck in traffic or commuting by other means. Between work and commuting, there was hardly any time in the day to do anything of personal benefit.