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  • Bedoya v. Am. Eagle Express, Inc. et al

    Publication Date: 2019-02-12
    Practice Area: Employment Litigation | Government | Regulation
    Industry: Cargo and Shipping | Recruitment and Staffing | Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0151

    The district court properly concluded that the Federal Aviation Authorization Administration Act of 1994 did not preempt New Jersey law for determining plaintiffs' employment status for purposes of New Jersey's wage hour and payment laws. The appellate court affirmed an order denying defendant's motion for judgment on the pleadings.

  • Pittsburgh Logistics Sys., Inc., v. BeeMac Trucking, LLC

    Publication Date: 2019-01-29
    Practice Area: Contractual Disputes | Labor Law
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0073

    Trial court properly refused to grant an injunction enforcing a no-hire provision in appellant's contract with trucking company because the provision was against public policy by preventing persons from seeking employment with certain companies without receiving additional consideration for the prohibition or having any input regarding or knowledge of the restrictive provision. Affirmed.

  • Eclipse Liquidity, Inc. v. Geden Holdings Ltd.

    Publication Date: 2018-12-25
    Practice Area: Damages | International Law
    Industry: Cargo and Shipping | Consulting | Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1552

    Recognition Act permitted judgment holder to file praecipe to enforce foreign money judgment, since Act allowed aggrieved party to raise standard defenses to contest legitimacy of underlying judgment. Order of the trial court affirmed.

  • Lupian v. Joseph Cory Holdings LLC

    Publication Date: 2018-10-16
    Practice Area: Class Actions | Employment Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Chagares
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1242

    The district court correctly found that truck drivers' claims, under the Illinois Wage Payment and Collection Act, that motor carrier made deductions from their paychecks without contemporaneous consent, were not preempted by the federal aviation administration and authorization act because the IWPCA did not have a significant impact on carrier rates, routes or services, did not frustrate the FAAAA's deregulatory objectives and the impact of the IWPCA was too tenuous, remote and peripheral to fall within the scope of the FAAAA preempt

  • South Middleton Twp. v. Amerifreight Sys. LLC

    Publication Date: 2018-09-18
    Practice Area: Damages | Evidence | Government
    Industry: Cargo and Shipping | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1110

    The court granted defendants' motion for partial summary judgment to preclude recovery of attorney fees and denied plaintiff's motion for sanctions without prejudice in case where defendant's driver crashed a tractor trailer into plaintiff's historic bridge and damaged it but defense counsel did not produce driver for a deposition or concede liability because it was possible that defendants might present evidence in support of their position on liability that did not require the driver's deposition or an expert. Granted in part, denie

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  • Kauffman v. U-Haul Int'l, Inc.

    Publication Date: 2018-09-11
    Practice Area: Class Actions | Dispute Resolution | Employment Litigation
    Industry: Cargo and Shipping | Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1078

    Defendant, alleged employer, moved to compel arbitration in plaintiff's purported class action asserting misclassification as an independent contractor and violations of the FLSA and the court found the agreement contained unconscionable cost and fee provisions, severed those provisions, granted the order to compel arbitration and stayed the action pending arbitration. Motion granted.

  • Grub v. Consolidated Rail Corp. et al

    Publication Date: 2018-08-14
    Practice Area: Toxic Torts
    Industry: Cargo and Shipping | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0932

    Plaintiff, a former railroad employee, was barred from bringing claims against his former employers under the Federal Employers' Liability Act for alleged exposure to toxic chemicals where he executed a settlement agreement releasing his former employers from liability for future injuries arising from the known risks of chemical exposure. The court recommended affirmance on appeal.

  • Mallory v. Norfolk S. Railway

    Publication Date: 2018-06-26
    Practice Area: Civil Procedure | Occupational Safety and Health
    Industry: Cargo and Shipping
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0732

    State law requiring foreign corporations to consent to general jurisdiction before being allowed to do business in Pennsylvania violated the due process clause. The court dismissed a complaint against a defendant where the only basis for personal jurisdiction was its registration to do business in Pennsylvania.

  • Liberty Woods Int'l, Inc. v. The Motor Vessel Ocean Quartz

    Publication Date: 2018-05-22
    Practice Area: Civil Procedure | Transportation
    Industry: Cargo and Shipping
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0617

    District court misinterpreted COGSA in granting vessel's motion to dismiss appellant's in rem suit over damaged cargo and the court found that COGSA did not invalidate a forum selection clause simply because the selected jurisdiction did not acknowledge in rem suits but the clause here did not violate COGSA and dismissal was proper. Affirmed.

  • Seda-Cog Joint Rail Auth. v. Carload Express, Inc.

    Publication Date: 2018-05-22
    Practice Area: Government
    Industry: Cargo and Shipping
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0618

    Trial court erred in granting summary judgment in favor of authority, in dispute over the award of an operating agreement. Reversed.

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