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Publication Date: 2024-01-15
Practice Area: Transportation
Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
Case Number: 22-1965
Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.
Publication Date: 2023-12-04
Practice Area: Transportation
Industry: Entertainment and Leisure | Real Estate | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-563
Defendant moved to dismiss plaintiff's Abandoned and Blighted Property Conservatorship Act action to be appointed conservator of a property and court found plaintiff's action was preempted by 49 U.S.C. §10501(b) but that plaintiff could file an "adverse abandonment" application with the Surface Transportation Board. Motion granted.
Publication Date: 2019-06-17
Practice Area: Transportation
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0688
Trial court did not abuse its discretion in denying appellants' motion to dismiss decedent's representative's Federal Employers' Liability Act complaint on forum non conveniens grounds because while decedent was allegedly harmed by chemical exposure working in appellants' Indiana train yard, his employment records were stored in either New Jersey or Florida and decedent's representative identified four potential fact witnesses who lived in Pennsylvania. Affirmed.
Publication Date: 2019-06-03
Practice Area: Transportation
Industry: Federal Government | Real Estate | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0657
Trial court properly dismissed appellant's declaratory judgment action against appellee rail road seeking relief related to its right-of-way because under the interstate commerce commission termination act, the surface transportation board had exclusive jurisdiction over the issues. Affirmed.
Publication Date: 2019-05-20
Practice Area: Administrative Law | Transportation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0577
Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2019-05-13
Practice Area: Transportation
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0556
Equal assessment of regulatory costs of taxicab oversight on medallion and partial rights taxicabs did not constitute deprivation of substantive due process where it furthered legitimate governmental objective of ensuring safety of taxicab industry. Order of the commonwealth court reversed, case remanded.
Publication Date: 2019-04-22
Practice Area: Transportation
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0460
Subcontractor moved to set aside the default entered against it in plaintiff's Carmack amendment action over cargo that was never delivered and court found that subcontractor had a potentially meritorious defense, plaintiff showed no material prejudice and subcontractor's argument that it was not served showed the absence of culpable conduct and court set aside the default, but awarded monetary sanctions. Motion granted.
Publication Date: 2019-01-29
Practice Area: Government | Transportation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0078
The Secretary of Transportation erred in holding that PennDOT's use of a project labor agreement on a road improvement project in Montgomery County did not violate Pennsylvania's competitive bidding laws where the PLA effectively precluded nonunion contractors such as the petitioner from participating in the bid solicitation. The appellate court reversed.
Publication Date: 2019-01-29
Practice Area: Government | Transportation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0079
PennDOT's inclusion of a project labor agreement requirement in a bid solicitation violated state competitive bidding laws. Order of the Secretary of Transportation reversed.
Publication Date: 2018-11-13
Practice Area: Transportation
Industry: Construction | State and Local Government | Transportation
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Baxter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1363
Citizen plaintiffs' challenge to proposed demolition of bridge dismissed where plaintiffs failed to make requisite factual allegations that demolition was motivated by racial and/or economic discriminatory intent and where defendants engaged in extensive, well-documented public outreach and notice and comment hearings. Defendants' motion to dismiss granted.
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