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Industry: Automotive and Transportation
June 24, 2011 Briefing Supreme Court Rejects Higher Standard of Causation for Railroad Workers Suing Under the Federal Employers’ Liability Act
Firm Authors: Heather S. Lehman
On June 23, the Supreme Court ruled (5-4) that a railroad employee seeking to recover for a work-related injury under the Federal Employers’ Liability Act need only demonstrate that the railroad’s negligence played “any part” in the injury, thus rejecting the railroad’s view that proximate cause is required. CSX Transportation, Inc. v. McBride, No. 10-235.
March 3, 2011 Newsletter Labor News
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February 7, 2011 Newsletter Labor News
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January 2011 Article What Is the Story With the Meal Period Law and These Crazy Class Actions?
January 7, 2011 Newsletter Labor News
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December 3, 2010 Newsletter Labor News
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November 8, 2010 Newsletter Labor News
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October 8, 2010 Newsletter Labor News
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March 8, 2010 Article What Hertz v. Friend Means to Employers
March 8, 2010 Article 'Nerve Center' Test Key to Federal Courts
Firm Authors: Ashlea Raymond Pflug, Stephen R. Smerek
December 2009 Article Trade-In Value and Automobile Loans After Bankruptcy Reform: Part Two
November 3, 2009 Briefing National Mediation Board Proposes Changes to Representation Election Rules
The National Mediation Board has proposed significant changes to representation election rules under the Railway Labor Act, which governs labor relations in the airline and railway industries.
August 24, 2009 Briefing New York Attorney General Challenges "Free Gas" Promotion
New York Attorney General Andrew Cuomo sued a Florida marketing company for use of allegedly deceptive "free gas" card program.
July 1, 2009 Briefing Supreme Court Rules Tax on Oil Tankers is Unconstitutional
In a decision that will impact many large-scale users of seaports, the Supreme Court recently held that a tax on ships that applied almost exclusively to oil tankers was a violation of the Tonnage Clause, Art. I, § 10, cl. 3, which provides that unless Congress consents, a state may not "lay any duty of Tonnage."
May 26, 2009 Briefing Tire Company Settles with 17 AGs for $375,000 Over Allegedly Deceptive Advertising
Michelin North America Inc. has reached a multistate settlement with 17 state attorneys general to resolve claims that the company falsely advertised its fuel-efficient tires.
April 2009 Article Antitrust Developments and Prospects: 2009
Firm Authors: Robert B. Pringle
December 2008 Article National Election Results Forecast Action for Maritime Policy
Firm Authors: Larry Kiern
November 2008 Article What’s New About ‘New and Different’
Firm Authors: Charlie Papavizas
October 24, 2008 Briefing NAD Reviews Range of Savings Claims
The National Advertising Division of the Better Business Bureau (NAD) recently reviewed advertising by Daimler Trucks North America LLC for its Freightliner Cascadia tractor trucks in which the advertiser claimed that its trucks "could save consumers as much as $950 to $2750 a year per truck"
October 1, 2008 Briefing Second Circuit Court of Appeals Worms Out of Challenge to Maritime Attachment of Wire Transfers
The Second Circuit Court of Appeals has rejected a challenge to the maritime attachment of electronic fund transfers in its recent decision in Consub Delaware LLC v. Schahin Engenharia Limitada. This briefing discusses the decision and its expected impact on maritime plaintiffs and defendants.
September 30, 2008 Briefing New Tax Deferral Available for U.S. Short Sea Shipping
The U.S. Maritime Administration issued a final rule today expanding the capital construction fund tax deferral program to short sea transportation of containers and vehicles. This briefing describes the rule and its background.
September 26, 2008 Briefing U.S. Defense Authorization Legislation Contains Significant Maritime Provisions
Congress is poised to pass its annual defense authorization bill — a bill containing a number of significant maritime provisions affecting cargo preference, Jones Act waivers, riding gangs, and other matters. The briefing summarizes those provisions.
September 26, 2008 Briefing Advertising by Auto Manufacturer of Test Results Held Non-Misleading Since Advertised Followed Government Testing Requirements
Hybrid auto owners filed a class action lawsuit against a major automotive manufacturer for engaging in deceptive trade practices in violation of Arkansas law.
September 17, 2008 Briefing Coast Guard Implements OPA 90 Financial Responsibility Increases
The U.S. Coast Guard today published a Final Rule updating the requirements for vessel owners and operators to establish and maintain evidence of financial responsibility at the heightened OPA 90 liability levels established by the Delaware River Protection Act of 2006. As a result of the changes, vessel owners and operators will be required to provide to the Coast Guard new evidence of financial responsibility within 120 days of today.
August 1, 2008 Article Congress Pursues New Maritime Legislation
Firm Authors: Larry Kiern
July 21, 2008 Briefing Federal Maritime Commission Decision Overturned — Puerto Rico Ports Authority Enjoys Sovereign Immunity
In a landmark decision for ports authorities and other arms of the State, on July 8, 2008, the U.S. Court of Appeals for the District of Columbia Circuit overturned the decision of the Federal Maritime Commission and ruled that the Puerto Rico Ports Authority is an arm of the State
June 2008 Article Maritime Industry Clashes Over Jones Act And Coast Guard Gets Caught in the Middle
Firm Authors: Larry Kiern
April 16, 2008 Speech The New Imperative: Cutting Vessel Emissions
Firm Authors: Larry Kiern
April 2008 Article Washington's Energy Agenda Awaits a New President
Firm Authors: Larry Kiern
March 4, 2008 Briefing FMC Misses an Opportunity to Clarify the Role of Ocean Transportation Intermediary Agents in Recent Decision
The Federal Maritime Commission has recently affirmed that only licensed and bonded persons may provide Ocean Transportation Intermediary services to the public, but in so doing, missed an opportunity to clarify the extent to which an OTI may work through agents.
February 25, 2008 Briefing Supreme Court Holds That Federal Law Deregulating Trucking Preempts a State Regulation on the Delivery of Tobacco Products
The Supreme Court ruled this week that the State of Maine cannot enforce a statute placing restrictions on the delivery of tobacco products within the State, because a federal law deregulating the trucking industry preempts such regulation.  Rowe v. New Hampshire Motor Transport Association, No. 06-457 (Feb. 20, 2008).
September 5, 2007 Article Exon-Florio Amendment Now U.S. Law
Firm Authors: Larry Kiern
Non-Firm Authors: Edward F. Gerwin
July 19, 2007 Briefing TWIC Developments
On July 10, the U.S. Coast Guard issued a public notice that its guidance for implementation of the Transportation Worker Identification Credential had been finalized in Navigation and Inspection Circular No. 03-07 (NVIC).
July 2007 Article 2005-2006 U.S. Maritime Legislative Developments
Firm Authors: Larry Kiern, Charlie Papavizas
June 2007 Article Deepwater Finds Itself in Deep Water
Firm Authors: Larry Kiern
April 11, 2007 Briefing Dredge Contractors Dodge Hurricane Katrina Liability
In the wake of Hurricane Katrina's destruction of New Orleans, class action law suits flooded the United States District Court for the Eastern District of Louisiana, including actions against dredging contractors alleging billions of dollars of damages arising from their dredging of the Mississippi River Gulf Outlet (MRGO) navigational canal that linked the Port of New Orleans directly with the Gulf of Mexico.
April 9, 2007 Briefing House Passes H.R. 556 to Reform CFIUS
With Congress having failed to reform the Committee on Foreign Investment in the United States (CFIUS) during the 109th Congress, the newly elected Democratic-controlled House of Representatives restarted the reform process on February 28, 2007 by passing H.R. 556, the National Security Foreign Investment Reform and Strengthened Transparency Act of 2007.
April 6, 2007 Briefing House Passes New Legislation To Implement MARPOL Annex VI
The recent passage by the U.S. House of Representatives of H.R. 802, An Act To Amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI, demonstrates that legislative aphorism.
October 10, 2006 Briefing Congress Enacts SAFE Port Act — Port Security Legislation
Before leaving for its election recess on September 30, Congress enacted four homeland security measures, including the Security and Accountability For Every Port Act of 2006.
October 3, 2006 Briefing Significant Maritime Provisions in U.S. Defense Authorization Legislation
On September 29-30, the U.S. Congress passed the John Warner National Defense Authorization Act for Fiscal Year 2007. The 1090 page bill contains a number of provisions of general applicability to the U.S. maritime industry. The bill will become law when signed by President Bush, and the President has not indicated that he will consider vetoing the bill.
September 21, 2006 Briefing Recent Court Decision Holds High Seas MARPOL Offenses by Foreign Seamen Not Punishable by U.S. Law, but Falls Short of a Safe Harbor
On August 18, 2006, the U.S. Court of Appeals for the Third Circuit held that violations of the International Convention for the Prevention of Pollution from Ships by foreign seamen on foreign-flag vessels, occurring on waters beyond United States jurisdiction, are not punishable under United States law, either directly or indirectly through sentence enhancement.
Second Quarter 2006 Article Federal Court Rejects Coast Guard Determination of OPA-90 Phase-Out Date for Single Hull Tank Vessel
Firm Authors: Larry Kiern
July 13, 2006 Briefing Offshore Service Industry, Riding Gang and LNG Terminal Developments
On June 29, the U.S. House of Representatives passed the Deep Ocean Energy Resources Act of 2006 by a vote of 232-187, which makes important changes to the legal framework governing offshore exploration and related offshore service industries. On July 11, President Bush signed into law the Coast Guard and Maritime Transportation Act of 2006.
July 12, 2006 Briefing NLRB Finds Mandatory Arbitration Policy in Violation of the NLRA
Mandatory arbitration policies for employees may violate the National Labor Relations Act, unless they specifically exempt NLRA disputes from coverage, according to a recent decision by the National Labor Relations Board. In U-Haul Co.of California and Machinist District Lodge 190, 347 NLRB No. 34 (2006), the NLRB found that U-Haul violated Section 8(a)(1) of the NLRA by maintaining a mandatory arbitration policy as a condition of employment in its non-unionized workforce.
June 29, 2006 Briefing New York City's Metropolitan Transit Authority Successfully Asserts Rights in the Names of its Subway Lines
New York City’s Metropolitan Transportation Authority has over the years obtained trademark protection for its subway signs, including the line names “A”, “D”, and “F” and the numbers “1”, “4”, and “7.”
May 10-11, 2005 Speech Foreign Vessel Mortgages - "Loopholes" or Legitimate Financing Mechanism
Firm Authors: Charlie Papavizas
March 22, 2006 Briefing Potential DP World Maritime Fall-Out
The acquisition of P&O Ports by DP World has generated more than 20 Congressional legislative proposals at last count. Most of these proposals focus either on the DP World transaction in particular or on revising the Committee on Foreign Investment in the United States (CFIUS) process.
February 22, 2006 Briefing Jones Act Developments in Transshipment and Leasing
U.S. cabotage requirements have been evolving since 1789—sometimes in spurts. Within the last few weeks the U.S. District Court for the District of Columbia rendered the latest interpretation of the Third Proviso to the Jones Act in the case of Horizon Lines, LLCv. U.S., and the U.S. Coast Guard issued the latest proposed rule regarding foreign lease financing.
May 20, 2004 Speech Should CCF Cover the U.S. Contiguous Trade?
Firm Authors: Charlie Papavizas
October 1, 2003 Speech Foreign Lease Financing of U.S.-Flag Vessels: An Update
Firm Authors: Charlie Papavizas
September 9, 2003 Speech Update on the Jones Act Lease Finance Law
Firm Authors: Charlie Papavizas
Spring 2000 Article Liability, Compensation, and Financial Responsibility Under the Oil Pollution Act of 1990: A Review of the First Decade
Firm Authors: Larry Kiern