In this article - part of Lewis Brisbois' Marine & Energy newsletter, The Lookout - San Francisco Partner David E. Russo provides some thoughts on two areas of importance to the maritime industry - automonomous ships and offshore wind development.
Read moreIn 1851, the Limitation of Liability Act was passed in the U.S., which (among other things) applied to oil spills from vessels. Vessel owners were liable for incident-related costs only up to the post-incident value of the vessel. In 1924, Congress passed the first Oil Pollution Act, expanding vessel owner liability for intentional/deliberate discharges. Two very infamous and world-shocking incidents later evidenced the issues with this limited oil spill liability.
Read moreThe United States Court of Appeals for the Fifth Circuit recently overturned its own 2012 precedent in an admiralty case, finding a subsequent U.S. Supreme Court ruling superseded its previous case law.
Read moreA recent decision out of the Ninth Circuit in Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020) aims to impose enormous costs on the transportation industry, including freight brokers. Indeed, these are the very costs that Congress sought to avoid in enacting the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (the F4A).
Read moreThose who practice transportation law are acutely aware of the accident investigation process. There are essential tasks that must be completed in short order, such as driver and witness interviews, obtaining crash reports, retaining the right accident reconstruction expert, and coordinating and completing inspections of the accident scene and involved vehicles. This article, however, is meant to serve as a reminder that our understanding of where crash data can be found must go beyond simply downloading an engine control or air bag control module.
Read moreThe Missouri Supreme Court recently addressed whether defendant motor-vehicle drivers may avail themselves of the physician-patient privilege to shield the disclosure of alcohol or drug treatment records from medical providers. Relatedly, the court also addressed whether affirmative defenses denying intoxication constitute a waiver of the privilege.
Read moreCleveland Partner Joseph Fiorello recently obtained a summary disposition (Michigan refers to summary judgment as summary disposition) victory for an insured motor carrier and driver in Monroe County, Michigan. The summary disposition motion was spearheaded by social media research of the plaintiff and the plaintiff’s family members who were identified in the plaintiff’s discovery responses.
Read moreOver the last couple months, the trucking industry received national and international attention as a result of the Canadian trucking convoy. Whether individuals were for or against the protest, it opened people’s eyes to the importance of the trucking industry, and to the fact that almost every product people take for granted was at some point transported via a truck driver.
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