8 results for 'cat:"Civil Procedure" AND cat:"Transportation"'.
J. Sullivan finds that the district court improperly found for a logistics company in an insurer's subrogation claims concerning damage sustained to cargo while being unloaded from a truck at an airport. The claims would be barred as untimely under the Montreal Convention's statute of limitations for contracting carriers, but questions remain unresolved as to whether the logistics firm qualified as such in its role in arranging transport through third parties.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 4, 2024, Case #: 21-2132, Categories: civil Procedure, Insurance, transportation
J. Meyer remands a case in which a resident filed a claim in state court against a railroad for blocking automobile traffic for excessive periods of time. The railroad removed the case to federal court based on diversity jurisdiction. The claim does not meet the $75,000 requirement for federal diversity jurisdiction, so the judge returns this case to state court.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 28, 2024, Case #: 3:23cv990, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, transportation, Jurisdiction
J. Garcia finds that the lower court improperly granted summary judgment in favor of the defendant bus company on certain claims in this lawsuit arising from "a bus accident in Mexico." The lower court specifically erred as to the passengers' respondeat superior theory. It correctly ruled, however, that "Zacatecan law governs the liability issues in this case." The case is accordingly remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: March 26, 2024, Case #: 05-22-01077-CV, Categories: civil Procedure, transportation
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J. Fowlkes denies the defendant supplier's motion to stay and refer the matter to the Surface Transportation Board for resolution of certain questions. The case concerns a "complex commercial dispute between three parties, each representing a different step in the railroad supply chain." The plaintiff railroad contends that the defendants are liable for certain "unpaid demurrage charges." Referral to the board would be premature at this point, as the questions at issue involve "facts not established in the record."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: July 11, 2023, Case #: 2:22cv2525, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, transportation