36 results for 'cat:"Transportation" AND cat:"Contract"'.
J. McKeague finds the lower court properly awarded Kroger more than $612,000 to cover legal fees related to a wrongful death lawsuit filed by the estate of individuals killed in a collision with one of its shipping contractors. The shipping company's indemnification agreement with Kroger required payments for incidents involving negligence on the part of the shipping company. An exception in the agreement removes liability from the shipping company only in accidents where Kroger is "solely liable," and because the shipping company's driver is at least partially at fault for the accident, the company was required to cover Kroger's legal expenses. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: May 13, 2024, Case #: 23-3462, Categories: transportation, Indemnification, contract
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: transportation, Negligence, contract
J. Blakey partially grants a trucking company’s motion to dismiss fraud, contract breach and Carmack Amendment claims brought by a couple whose interstate move was botched by the company. The court finds the couple have not sufficiently alleged their fraudulent misrepresentation and Illinois consumer fraud claims, but allows their claims under the Carmack Amendment and federal motor carrier safety regulations to stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:23cv531, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, transportation, contract
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, but were prevented from boarding the next flight for various reasons, including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, transportation, contract
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J. Worthen finds the trial court improperly denied Union Pacific's motion for summary judgment. The county, pursuant to an agreement modified by ongoing litigation and regulations extending 150 years into the past, sought to keep railroad offices and workers in the city of Palestine, TX in perpetuity after mergers, bankruptcy reorganizations and regulatory influence over the ensuing companies from the original company from which the agreement arose. The Interstate Commerce Commission Termination Act preempts the agreement, and because there was neither unreasonable delay nor detrimental reliance by Union Pacific, the county did not establish the affirmative defense of laches. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 22, 2024, Case #: 12-23-00152-CV, Categories: Commerce, transportation, contract
J. Graves finds the district court improperly found for an insurer on an airline's contract action arising from the insurer's denial of its claim for reimbursement for a massive computer system failure. The airline submitted evidence showing the insurer argued the system failure was not the “but for” cause of four of the five categories of loss in dispute, and the district court’s order is unclear as to its view of this evidence. Reversed.
Court: 5th Circuit, Judge: Graves, Filed On: January 16, 2024, Case #: 22-10942, Categories: Insurance, transportation, contract
J. Newman recommends denying, in part, a transport company’s motion to dismiss a truck driver’s employment retaliation and related claims. He has sufficiently pleaded his claims for failure to provide reasonable accommodations, leave retaliation, breach of implied-in-fact contract, and negligent hiring, supervision and retention.
Court: USDC Eastern District of California, Judge: Newman, Filed On: December 20, 2023, Case #: 2:23cv311, NOS: Other Labor Litigation - Labor, Categories: Employment, transportation, contract
J. Quattlebaum finds the lower court properly ordered the internet provider to pay rent for the utility duct. The internet provider rented the duct and could not come to terms with the railroad company over a lease renewal. They submitted the dispute to three appraisers, who decided the rent by a two-to-one vote in the railroad company's favor. The arbitration agreement requires the internet provider to pay the amount set by the appraiser, even if the vote wasn't unanimous. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: December 8, 2023, Case #: 22-1554, Categories: Arbitration, transportation, contract
J. Phillips finds a lower court improperly dismissed a Dublin based passenger fleet company's contract claims against a passenger transportation coach company. The passenger transportation financier argued that it provided the passenger fleet company with satisfactory vehicles. However, the passenger fleet company sufficiently showed in court that the busses were of poor quality. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: November 10, 2023, Case #: CA-2022-2404, Categories: transportation, contract
[Consolidated.] J. Osterhout grants the U.S. Army Corp of Engineers’ motion for summary judgment regarding the contractor’s reference of clauses not included in the contract to construct improvements to Turkey Creek in Kansas City. Excavation under railroad tracks was delayed by active and stationary trains. The contractor concedes its theory of differing site conditions did not apply to moving trains and that other arguments relied upon clauses not contained in the contract. The Army Corps of Engineers did not cite facts regarding stationary trains’ impact on the contract, however. Issues of fact remain as to claims regarding this other type of differing site condition, making summary judgment premature.
Court: Armed Services Board Of Contract Appeals, Judge: Osterhout, Filed On: October 27, 2023, Case #: 63276, Categories: Government, transportation, contract
J. Pedersen finds that the lower court improperly denied the airline appellants' motion to transfer venue in this case alleging discrimination and breach of contract after a family was allegedly removed from a flight. The appellants presented evidence that the incident took place in Tarrant County, as opposed to Dallas County. Accordingly, the case is remanded for the lower court to transfer the case to Tarrant County. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: October 18, 2023, Case #: 05-23-00621-CV, Categories: transportation, Venue, contract
J. Sannes declines to enter default judgment against one of the transportation firms involved in the loss of the litigant’s cargo, which included $70,000 worth of auto parts, during transport from New York to Texas. The court finds several claims are preempted by the Carmack Amendment governing interstate commerce, and the litigant fails to provide any evidence that firmly establishes the contractual arrangement between itself and those involved.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 10, 2023, Case #: 6:22cv1081, NOS: Other Contract - Contract, Categories: Commerce, transportation, contract
J. Currault denies a request by shipping handlers in Southeast Asia to exclude, as time-barred, Goodyear’s proposal to add two more companies to its suit arising from alleged water damage to two shipments of processed natural rubber to New Orleans. Adding the two companies to the suit does not harm the other allegedly responsible litigants and does not impose “unwarranted burdens” on the court.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: October 5, 2023, Case #: 2:22cv4561, NOS: Marine - Contract, Categories: transportation, Damages, contract
J. Blakey partially grants a freight company's motion to dismiss wage and lease law violation claims brought by several of the company's former drivers and the trucking contractor group they belong to. The drivers claim the company illegally deducted as much of 73% of their agreed-upon pay rate through various underhanded fees, but the court finds the individual drivers have not sufficiently alleged that the company violated Truth-in-Leasing regulations. The Truth-in-Leasing violation claims stand as to the trucking contractor group as a whole. The individual drivers' wage law violation claims also stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 25, 2023, Case #: 1:22cv910, NOS: Other Statutory Actions - Other Suits, Categories: transportation, contract, Labor
J. Carr grants, in part, the air charter business's motion for summary judgment, ruling the business pressure applied by its owners during negotiations to sell several planes to the private air transportation company does not constitute a false statement that could be used to support a fraud claim. The air transportation company also fails to identify any promise made by the air charter business that was broken when the deal fell through.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: September 14, 2023, Case #: 3:20cv2693, NOS: Other Contract - Contract, Categories: Fraud, transportation, contract
J. Davis denies the rail transportation company's motion for partial summary judgment. The rail transportation company and the track maintenance company agreed on a welding contract where the maintenance company would complete thermite welding on the transportation company's tracks. A train derailed, leaking hazardous materials after a rail fractured. The transportation company inspected the rail twice before the derailment and noticed no defects.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: September 14, 2023, Case #: 2:22cv3, NOS: Other Contract - Contract, Categories: transportation, Damages, contract
J. Mitchell finds the lower court did not have the subject matter jurisdiction to issue a transportation company’s motion for a preliminary injunction against the state transportation agency to stop them from building a bridge, where the business alleges it was done in “bad-faith” to deter drivers away from their bridge avoid paying a toll. Reversed and remanded.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2023-0354, Categories: transportation, Agency, contract
J. Easterbrook affirms a district court ruling finding that the Union Pacific Railroad is not bound by any contractual promise to keep providing rail services to Chicago’s public rail system for the indefinite future. The litigants’ contracts have start and end dates, which both sides can enforce. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: July 26, 2023, Case #: 22-1445 , Categories: Government, transportation, contract