Transportation & Logistics Blog

On Wednesday, March 19, 2014 by John D. Heffner posted in Transportation & Logistics Blog

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 Brandt Revocable Trust v. U.S.

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On Monday, March 10, 2014 by Mark Andrews posted in Transportation & Logistics Blog
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 and rail carriers. These issues go to the Rule’s scope and coverage, the specific responsibilities it imposes on carriers, and the extent to which carrier responsibilities can be shifted to shippers (and vice versa) by contract.

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On Wednesday, February 26, 2014 by Mark Andrews posted in Transportation & Logistics Blog
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 jurisdictions. While the lead paragraph of the DOT News Release announcing the order might give that impression, the actual scope of the order extends to all rail shipments of crude oil, whether produced conventionally or from any shale play.

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On Thursday, October 3, 2013 by Mark Andrews posted in Transportation & Logistics Blog
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 will not perform for the duration of the governmental shut-down.

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On Monday, September 16, 2013 by Jack Carnegie posted in Transportation & Logistics Blog
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 to decide. In re Horizon, No. 12-30230, 2013 U.S. App. LEXIS 18087 (5th Cir. August 29, 2013). This decision highlights the traditional difficulty courts have in dealing with common, but poorly understood, additional insured provisions.

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