Fifth Circuit Vacates Its Own Decision In Transocean Insurance Case
In a rare turn of events, the Fifth Circuit has vacated its own decision granting BP access to Transocean’s entire $750 million insurance stack, and has certified the issue to the Texas Supreme Court...
View ArticleGovernment Shutdown: DOT – Operations During a Lapse in Annual Appropriations
Click here to read the information belatedly posted by USDOT on Tuesday night, specifying the functions that each of its component agencies (FAA, FMCSA, FRA, FTA, MarAd, PHMSA, STB, etc.*) will and...
View ArticleNot just Bakken: USDOT Emergency Order Applies to All Shipments of Crude Oil...
Early press reports suggested that the February 25 order issued by USDOT Secretary Foxx applied only to rail shipments of crude produced in the Bakken shale region of North Dakota and neighboring...
View ArticleFDA’s Proposed Rule on Sanitary Food Transportation: Implications for Freight...
The February 11 posting on this proposed rule (the “Rule”) by my partner Mike Walsh in Strasburger’s Food & Drug Law Blog (found here) raises several issues requiring detailed attention by motor...
View ArticleReports of the Death of Rail Trails are Greatly Exaggerated
Long ago Mark Twain observed that “reports of my death are greatly exaggerated.” The same could apply to rail trails according to media coverage of a US Supreme Court decision in No. 12-1173, Marvin...
View ArticleHigher and Broader Transportation Insurance Requirements Are Now in Play at...
Not everyone in Washington, D.C. took a four-day Thanksgiving break. In fact, the Federal Motor Carrier Safety Administration (“FMCSA”) chose Friday, November 28 to announce the launch of a...
View ArticleUSDOT’s Latest Announcement on Mexican Trucks: A Turning Point or Another...
Since the North American Free Trade Agreement (“NAFTA”) took effect on January 1, 1994, the United States has been obligated to phase in U.S. market access for Mexico-based trucking companies. Mexico...
View ArticleWhose Burden Is It to Ascertain the Value of the Freight for Insurance Purposes?
When freight loss occurs and the loss exceeds the limits of the motor carrier’s cargo coverage, the motor carrier and the transportation broker typically wind up at odds over who was responsible for...
View ArticleUSDOT vs. Trucks: The Regulatory Firestorm Continues
In the tenth item of the colonists’ bill of particulars against King George III, they accused him of having “erected a multitude of New Offices,” and having “sent hither swarms of Officers to harass...
View ArticleClient Alert: Four States’ CDLs No Longer Valid At Federal Facilities
This just in from the American Trucking Associations. As of Sunday, drivers with Commercial Driver’s Licenses (CDLs) issued by Illinois, Missouri, New Mexico or Washington State will need some other...
View ArticleTexas Business Personal Property Tax Alert
The Dallas Central Appraisal District (DCAD) is targeting trucking companies to assess Texas business personal property taxes, requiring fast action by a targeted company to timely respond and protect...
View ArticleCarriers & Brokers: Info You Need NOW on FDA’s Food Transport Rule
On April 6, 2016, the Food and Drug Administration (FDA) published the final rule entitled “Sanitary Transportation of Human and Animal Food” (the SFT Rule) pursuant to the Sanitary Food Transportation...
View ArticleFMCSA vs. Trucks: Regulating Like There’s No Tomorrow?
The well-known political impasse between the executive and legislative branches of the federal government is mirrored by regulatory gridlock at agencies such as the Federal Motor Carrier Safety...
View ArticleTexas Supreme Court Clarifies The “Independent Injury Rule”
When can an insured recover policy benefits as damages under the Insurance Code, potentially trebling what would otherwise be ordinary contract damages? That question, which has divided Texas...
View ArticleGetting Due Process from the FMCSA
As seen in American Trucker. You just got hit with bad news: a notice of claim has come in from the Federal Motor Carrier Safety Administration (FMCSA) or state Department of Transportation (DOT)...
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