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|Two 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.;
November 8, 2013, previously published on October 30, 2013In 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...
|Another Way the Rails Can Help the Infrastructure Industry...|
Shulman Rogers Gandal Pordy Ecker P.A.;
November 1, 2013, previously published on October 29, 2013The 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...
|Wireless Infrastructure Opportunities in Transit Rail|
Shulman Rogers Gandal Pordy Ecker P.A.;
November 1, 2013, previously published on October 29, 2013Transit 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...
|Expanded Department of Transportation Buy America Requirements Will Apply to Utility Providers|
Dentons Canada LLP;
October 24, 2013, previously published on October 24, 2013Effective 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...
|Wet Lease Agreements under Turkish Regulations|
Ceren Ciftci; HERDEM&Co. Attorneys At Law;
October 21, 2013, previously published by HG.orgA 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...
|Public 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;
September 26, 2013, previously published on September 25, 2013As 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...
|Court of Appeals Leaves Nearly All Hours-of-Service Regulations Intact|
Ian Lambeets; Sands Anderson PC;
September 2, 2013, previously published on August 29, 2013In 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...
|Ohio in the Fast Lane|
Michael E. Cicero; Nicola, Gudbranson & Cooper, LLC;
August 26, 2013, previously published on Summer 2013In 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...
|The Logistics Contract In Commercial and Transport Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
August 24, 2013, previously published on August 23, 2013The logistics contract is a so-called mixed-type agreement found in commercial and transport law.
|D.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.;
August 7, 2013, previously published on August 5, 2013On 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.