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Transportation Industry Liability

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating AI-Driven Transformations in Equipment Leasing and Financing for the Transportation Sector

The rapid integration of artificial intelligence (AI) across industries is reshaping how businesses operate, particularly within the transportation sector. One area seeing significant transformation is equipment leasing and...more

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

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On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

JUSTICENTER

The Difference Between a Freeway and a Highway

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Understanding the difference between a freeway and a highway is important. It can be especially relevant when evaluating fault and legal liability after a crash. In California, these distinctions can impact how a case is...more

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Goldberg Segalla

New York Appellate Clarifies Interplay Between Graves Amendment and Vehicle & Traffic Law Section 370

Goldberg Segalla on

Important news from New York’s Appellate Division. In Second Child v. Edge Auto, Inc., 236 A.D.3d 499 (1st Dep’t 2025), the court addressed the interplay between the Graves Amendment and New York Vehicle & Traffic Law section...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Benesch

Mining for Gold: Little-Used Regulatory Golden Nuggets That Can Make Life Easier for Shippers, Brokers, and Carriers.

Benesch on

The transportation and logistics sector has always been one that is heavily regulated, both by pertinent federal agencies and by various state agencies. Although there is now a movement for selected deregulation by DOT, the...more

Marshall Dennehey

Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

Marshall Dennehey on

Fontana v. CSX Transportation, Inc, 2025 WL 326209, No. K24C-04-018 (JCC) (Del. Super. Ct. Jan. 28, 2025) - The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss...more

Marshall Dennehey

Appellate Court Rejects Negligence Claim in Bus Injury Case, Finds Normal Travel Conditions

Marshall Dennehey on

McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...more

JUSTICENTER

Is Uber Safer Than Taxis?

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Uber and its fellow ridesharing services are immensely popular throughout the country. Customers enjoy knowing that they can quickly get a ride no matter where they are and for rates that are typically more affordable than...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Cruise Ship Traffic in Florida Car Accidents: How Port Areas Create Unique Risks

Florida is home to some of the busiest cruise ship ports in the world. Not only do U.S. residents flock to the state’s cruise ports to set sail for the Caribbean, but visitors from around the world buy cruises specifically to...more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

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The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Searcy Denney Scarola Barnhart & Shipley

Virtual Reality in Accident Reconstruction: How High-Tech Tools Are Changing Florida’s Legal Cases

Advancements in technology are revolutionizing the way legal cases are presented in Florida’s courtrooms, particularly in personal injury and accident-related claims. One of the most powerful tools emerging in this field is...more

Benesch

Cargo Liability - Global Comparative Analysis of Legal Regimes

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International laws for cargo liability impact the way enterprises procure transportation and logistics services, the contracts under which those services are purchased, the process for claims adjudication, and the liability...more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Benesch on

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Marshall Dennehey

While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus...

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Mencini v. Greater Cleveland Regional Transit Authority, 221 N.E.3d 200, 2023-Ohio-2299 (Ohio App. July 6, 2023) - This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to...more

Chartwell Law

2023-2024 Final Georgia Legislative Updates: General Liability

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In its current session, the Georgia Legislature considered ten bills that, if passed, would have directly impacted the transportation industry in the state. The last day of the Georgia legislative session, known as sine die,...more

Benesch

U.S. Shippers and Intermediaries take note: New Requirements for Transportation Services provided within Mexico

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Tax Authorities in Mexico have issued new requirements for tax documentation for the transport of cargo within Mexico. Carriers operating in Mexico are required to issue a digital Income or Transfer Invoice (in Spanish,...more

K&L Gates LLP

Brussels Regulatory Brief: May 2021

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ANTITRUST AND COMPETITION - A Subsidiary can be Held Liable for the Harm Caused by the Anticompetitive Conduct of its Parent Company - On 19 July 2016, the European Commission (the Commission) imposed fines on several car...more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

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After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

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In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...more

Best Best & Krieger LLP

[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure

As pilot projects testing self-driving and connected vehicles continue to roll out across the country, new policy, liability and contractual issues arise — in addition to considerations around future "smart" infrastructure...more

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