Benton on Rowe v. New Hampshire Motor Transportation Association

In Rowe v. New Hampshire Motor Transportation Association, the United States Supreme Court determined that the Federal Aviation Administration Authorization Act of 1994 preempts a Maine statute on tobacco deliveries. Eric R. Benton outlines the Court’s reasoning in this rare transportation related...

Benton on Jones v C.H. Robinson Worldwide

Jones v. C.H. Robinson Worldwide, Inc. , 558 F. Supp. 2d 630 (W.D. Va. 2008) exposed brokers to liability for a motor carrier’s or driver’s negligence and created a new cause of action against brokers for negligent entrustment of an activity. In this Commentary, Eric R. Benton discusses Jones...

Benton on the Jurisdictional Provisions of the Carmack Amendment

Pursuant to the North American Free Trade Agreement (NAFTA), shipments to and from the United States to Canada and Mexico are increasing. When a shipment is lost or damaged, the courts are faced with the question of whether the full liability provisions of the Carmack Amendment are applicable or whether...

40% of All Workplace Fatalities Are Transportation Related

PORTLAND, OR - Portland, Oregon’s Lee Briney, CSP, American Society of Safety Engineers’ (ASSE) Columbia-Willamette Chapter President met with several trucking, state and federal officials to discuss the high tangible and intangible costs of car crashes this week at the Jubitz travel center...

Six Ways to Control Transportation-Related WC Costs

Asheville, NC (CompNewsNetwork) - While the average vehicle crash cost to an employer, according to the National Institute of Occupational Safety and Health (NIOSH) is $16,500, it rises to $74,000 when a worker is injured in the crash. Whether you manage a full fleet or a few vehicles, this is a high...

Western European Laws Toolbox

Western European Laws Toolbox Welcome to our Western European Laws Toolbox, our collection of laws and legal analysis for the nations of this important region. Please note that nations with an asterisk after their name are also members of the European Union and that you will want to visit our EU...

Bipartisan Lawsuit Says Florida Must Take Rail Money

TALLAHASSEE, Fla. - (AP) Two state senators, one a Democrat and the other a Republican, asked the Florida Supreme Court on Tuesday to order Gov. Rick Scott to accept $2.4 billion in federal stimulus funds for a high speed rail project. Sens. Thad Altman, a Viera Republican, and Arthenia Joyner, a Tampa...

Eric J. Emerson Joins Tressler LLP, Positions New Trucking & Transportation Practice Group

CHICAGO - Tressler LLP has announced that Eric J. Emerson has joined the firm as a partner and will chair the firm's new Trucking & Transportation Practice Group. As a former general counsel and CEO of a national bulk commodity carrier, he leads a team that understands the business realities...

International Aviation and Space Law Toolbox

The Limit of the Final Frontier....? Sputnik Welcome to the LexisNexis International Aviation and Space Law Toolbox, the collection of our content that provides laws and legal analysis pertinent to the resolution of issues pertaining to the aviation industry and/or arising in or concerning outer...

Avoiding Potential Legal Pitfalls Associated With On-Board Video Cameras

By James J. Franklin The transportation industry is always searching for new technology and best practices that can eliminate or reduce risky driving behavior, improve the overall efficiency and effectiveness of fleets, and avoid frivolous and time-consuming lawsuits. Current on-board video camera...

bicycle and tricycle

Bicycling Law – Past and Future

By Meredith James In “ The Rebirth of Bicycling Law “, Professor Christopher Waters provides a fascinating review of the history of bicycling law, dating back to the time when it was called “the law of the wheelman”, as well as a look forward to the future of the “cycling...

Virginia: Even After Modifying Vehicle for Wheelchair, Employer Still Responsible for Transportation to Med Appointments

A Virginia appellate court held that an employer was required to provide transportation to medical appointments for a permanently impaired employee who was wheelchair dependent in spite of the fact that it had earlier paid to modify the employee’s vehicle to accommodate his condition. Citing Larson’s...

Indiana Ag Leadership Program Wrap Up

The previous five posts chronicled my journey with the Indiana Agricultural Leadership program to The Netherlands, Belgium, and Liberia. From an agricultural standpoint, the contrast between northern Europe and West Africa could not be more extreme. Northern Europe has highly developed agricultural systems;...

PHMSA Publishes Final Rule Adopting Certain Hazardous Materials Special Permits and Approvals Into Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has amended the Hazard Materials Regulations (HMR) to adopt provisions from certain “widely used or longstanding” special permits and competent authority approvals with “established safety records.” 79 Fed. Reg...

State Net Capitol Journal Spotlight: Issues Old And New Catch Fire In States

By Korey Clark Last week, we took a mid-year look at several of the issues we predicted last December would see a lot of action in statehouses this year. Here are a few more of those issues, as well as a couple of others that have heated up as the year has progressed. DIGITAL REVOLUTION/SHARING ECONOMY...

State Net Capitol Journal – November 10, 2014; North Carolina Department of Transportation Looking For Ways To Boost Earnings

NC DOT LOOKING FOR WAYS TO BOOST EARNINGS: North Carolina's Department of Transportation wants to start operating more like a business. It's already planning to sell advertising and naming rights for DOT ferry boats and highway-helper trucks to help defray its operating costs. And the state's...

State Net Capitol Journal – December 15, 2014; Inventory Tax Costing Louisiana Millions

Budget & Taxes INVENTORY TAX COSTING LA MILLIONS: Every year Louisiana businesses pay hundreds of millions of dollars in inventory taxes to parish governments. The state then issues them a full refund. The state's inventory tax refund program, approved by the Legislature more than two decades...