News & Analysis as of

Jurisdiction Transportation Industry

Genova Burns LLC

NLRB General Counsel Wants More Input From The National Mediation Board To Decide Questions Of Agency Jurisdiction

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On July 29, 2025, the Acting General Counsel of the National Labor Relations Board directed NLRB staff across the country to refer questions on whether an employer might be covered by the Railway Labor Act (RLA) to the...more

Moore & Van Allen PLLC

Forum TBD: 30 Days for Removal to Federal Court, NJ Transit Immunity from Lawsuits in NY and PA – Two Issues the U.S. Supreme...

Noteworthy at the U.S. Supreme Court - The court in which a case is litigated can be one of the most important strategic decisions to be made by the parties involved. There are legal parameters in place, however, that may...more

Benesch

Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

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The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Marshall Dennehey

Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved...

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Leyman v. Amazon Logistics, 2024 WL 2962784, No. 1:23-cv-828 (S.D. Ohio June 12, 2024) - This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon...more

Adams & Reese

Workplace Safety on the Airport Ramp: FAA or OSHA Jurisdiction?

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The apron of a commercial airport is a fast paced, dynamic environment that can be a challenging place to work. In the controlled chaos of an aircraft departure or arrival, injuries to ground crew can happen in the blink of...more

Cranfill Sumner LLP

Ford Motor Company v. Montana Eighth Judicial District – “Specifically Dealing with Specific Jurisdiction”

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On March 25, 2021, the U.S. Supreme Court decided the Ford Motor Co. Montana Eighth Jud. Dist. Ct. Ford Motor Co. v. Bandemer cases holding that the due process test for specific jurisdiction does not depend on a strict...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wood Pellet Facility/Manufacturing: Federal Appellate Court Addresses Surface Transportation Board Preemption Decision

The United States Court of Appeals for the First Circuit (“Court of Appeals”) addressed in an August 6 opinion whether certain activities involving wood pellets qualified as “transportation by rail carrier” under the...more

Nossaman LLP

Fourth Circuit Joins Three Others in Determining that the Federal Courts Have Concurrent Jurisdiction over ICCTA Claims

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On November 16, 2017, the United States Court of Appeals for the Fourth Circuit determined that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated in the federal courts or at the...more

Best Best & Krieger LLP

California’s Bullet Train Can’t Sidestep CEQA, Court Says

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As physical signs of California’s $64 billion railroad project come into focus across the State, a potential faceoff with the federal government regarding its jurisdiction over state environmental laws, at least with regard...more

Nossaman LLP

STB Jurisdiction Over Intrastate Passenger Rail

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In Florida, All Aboard Florida, a private entity, is about to launch passenger rail service from Miami to West Palm Beach, with future service extending to Orlando. In California, the California High-Speed Rail Authority is...more

Carlton Fields

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

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On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

BCLP

California Governor Announces Deal to Remove Regulation of Lyft, Uber from PUC

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On June 27, 2016, California Governor Jerry Brown, Senator Jerry Hill, Senator Mark Leno, and Assemblymember Mike Gatto announced a blockbuster agreement to transfer oversight of ride-sharing companies such as Uber and Lyft...more

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