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|West Coast Ocean Cargo Congestion: Facts and Remedies|
Carlos Rodriguez; Husch Blackwell LLP;
December 8, 2014, previously published on November 17, 2014All importers and exporters which ship through West Coast ocean ports are by now truly concerned about their cargo being on the shelves in time for sale during the holiday season, and on the export side that their cargo might not reach their buyers any time soon. To add insult to injury, most, if...
|Are FedEx Delivery Drivers Employees or Independent Contractors? The Kansas Supreme Court Applies the 20-Factor Test, and Rules They Are Employees|
David M. Eisenberg; Baker Sterchi Cowden & Rice, L.L.C.;
November 28, 2014, previously published on November 6, 2014For years, courts have grappled, in a variety of contexts, with the question of whether a company’s workers are employees of the company, or independent contractors. While virtually all courts have agreed that the characterization of someone as an independent contractor in a written agreement...
|Alberta Employer Liable for Employee’s Negligent Driving of Company Vehicle - Even Though Employer Told Him Not to Drive It|
Adrian Miedema; Dentons Canada LLP;
November 21, 2014, previously published on October 2, 2014Alberta employers should heed a recent appeal decision in which an employer was held liable for damage caused by an employee while driving a company vehicle - even though he was told not to drive it.
|Eurasian Economic Union|
Victoria Simonova; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...
|Registering Security Interests Over Railcars or Rolling Stock in Canada - Introduction of Online Deposit Function|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
November 15, 2014, previously published on October 15, 2014As outlined in previous e-lerts, the registration of security agreements, leases and other documents relating to railcars in Canada is governed by the Canada Transportation Act 1 (the “CTA”). Registration of a document associated with railways or rolling stock under the CTA is intended...
|Be Aware Changes to Truck Driver Medical Exams May Be Coming|
David M. Buffo; Husch Blackwell LLP;
November 12, 2014, previously published on October 31, 2014On October 27, 2014 the Federal Motor Carrier Safety Administration’s Medical Review Board (the Board) and the Motor Carrier Safety Advisory Committee (MCSAC) approved a recommendation that would amount to a significant change in the medical regulations if the recommendation were to become...
|States Halt Purchase of Alleged Defective and Dangerous Highway Guardrails|
Fabrice N. Vincent; Lieff, Cabraser, Heimann & Bernstein, LLP;
November 10, 2014, previously published on October 21, 2014Missouri, Nevada, and Massachusetts have put on hold purchases and installations of the Trinity ET-Plus system guardrails due to concerns that the guardrails are actually dangerous. As reported by the New York Times, the guardrails have allegedly contributed to at least 14 accidents, resulting in...
|Air Bags Ejecting Metal Fragments Cause Fatal Injuries for Drivers and Passengers|
Todd A. Walburg; Lieff, Cabraser, Heimann & Bernstein, LLP;
November 10, 2014, previously published on October 23, 2014Automakers are recalling millions of vehicles due to allegedly defective air bags which shoot out metal shards when they activate, severely injuring drivers and passengers. The alleged faulty air bags are manufactured by Japanese supplier Takata Corp., whose stock shares The New York Times reports...
|Market for Collision-Avoidance Technology Booms as Cars Become Smarter|
Lauren M. Loew; Foley & Lardner LLP;
October 28, 2014, previously published on October 16, 2014Many mass-market vehicles include sensors and cameras to assist motorists with parking and backing up, and some models even include lane change assist and smart cruise control to maintain a safe distance from traffic ahead. According to IHS Automotive, the demand for collision avoidance technology...
|Special Transportation & Infrastructure Panel Releases Report on Public-Private Partnerships|
Diane J. Blagman, Robert S. Brams, Alais L. M. Griffin, Yosbel A. Ibarra, Jamey L. Tesler; Greenberg Traurig, LLP;
October 15, 2014, previously published on October 2, 2014Last week, the U.S. House of Representatives Transportation and Infrastructure Committee’s Panel on Public-Private Partnerships (P3 Panel) released its final report and recommendations regarding how to improve the delivery, oversight, and transparency of P3s (Report). This Report comes at the...