Justia Transportation Law Opinion Summaries

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The First Circuit reversed the judgment of the district court dismissing for want of jurisdiction under the Tax Injunction Act (TIA) this lawsuit asking that the district court enjoin the collection of certain Rhode Island tolls as violative of the Commerce Clause of the United States Constitution, holding that the TIA's prohibition stating that district courts shall not enjoin levy or collection of "any tax under State law" where a remedy may be had in state courts is inapplicable to the Rhode Island tolls. A Rhode Island statute authorized the Rhode Island Department of Transportation to collect from tractor-trailers certain tolls in order to pay for replacement, reconstruction, maintenance, and operation of Rhode Island bridges. Plaintiff trucking entities brought this lawsuit. The district court dismissed the lawsuit, concluding that it lacked jurisdiction under the TIA. The First Circuit reversed, holding the the tolls in this case were not a "tax" under the statute. View "American Trucking Ass'n v. Alviti" on Justia Law

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The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the Jackson Hole Airport Board and dismissing Appellants' petition for declaratory judgment challenging the validity of an asset purchase agreement between the Board and Jackson Hole Aviation, holding that airport boards have the statutory authority to issue revenue bonds to fund the purchase of intangible property, including goodwill. Appellants were two entities interested in providing services at Jackson Hole Airport and individuals dissatisfied with the Airport's current services. Appellants brought this action claiming that the purchase agreement between the Board and Jackson Hole Aviation, the current service provider at the Airport, exceeded the Board's statutory authority because the Board could not acquire intangible assets using revenue bond funding. The district court concluded that the term "other property" in Wyo. Stat. Ann. 10-5-101(a) authorized the use of revenue bonds for purchases of both tangible and intangible property. The Supreme Court affirmed, holding that section 10-5-101(a) authorized purchases of both tangible and intangible property and that the district court correctly determined that goodwill is intangible property included in the term "other property" found in section 10-5-101(a). View "Herrick v. Jackson Hole Airport Board" on Justia Law

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The Supreme Court affirmed the order of the Public Service Commission of West Virginia (PSC) finding that Trulargo, LLC had been unlawfully operating as a common carrier by motor vehicle and requiring it to cease such activities until it obtains a permit therefore, holding that the PSC did not err by determining Trulargo to be a common carrier and that Trulargo was required to obtain the PSC's approval before engaging in, or continuing, such activities. On appeal, Trulargo argued that the PSC erred by ruling that it was operating as a common carrier and by improperly regulating Trulargo's roll-off container rental business and the costs it charged for such service. The Supreme Court affirmed, holding (1) Trulargo's operations constituted those of a common carrier by motor vehicle such that it was required to obtain a certificate of convenience and necessity to continue its activities; and (2) Trulargo's roll-off container rental and retrieval activities were squarely within the definition of a common carrier by motor vehicle, and therefore, the PSC had the authority to regulate Trulargo's business. View "Trulargo, LLC v. Public Service Commission of West Virginia" on Justia Law

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Road Gear Truck Equipment, LLC ("Road Gear"), a corporation based in Franklin County, petitions this Court for a writ of mandamus directing the Marshall Circuit Court to vacate its order denying Road Gear's motion to transfer the underlying action to the Franklin Circuit Court and to enter an order transferring the action. Road Gear manufactures trucking equipment, including "cab guards" designed to prevent passengers in tractor-trailer trucks from being injured by shifting loads. Vernon Dement was operating a tractor trailer pulling a load of logs in Madison County, Alabama. While traveling, Dement's truck over turned on a curve in the road. The cargo crashed into the passenger compartment, crushing Dement to death inside the vehicle, and injuring his wife Deborah Dement, who was a passenger in the truck. Deborah filed suit in Marshall County on behalf of herself and in her capacity as the personal representative and administrator of the estate of her husband against Road Gear and fictitiously named defendants. Dement alleged that her injuries and the death of her husband were caused by Road Gear's negligence and wantonness and that Road Gear was liable under the Alabama Extended Manufacturer's Liability Doctrine ("the AEMLD"). Dement alleged in her complaint that venue was proper in Marshall County because she resided in Marshall County and Road Gear "does business in Marshall County." The Alabama Supreme Court determined FleetPride was Road Gear's "agent" in Marshall County for purposes of determining venue, and that Road Gear failed to show that it did not regularly do business in Marshall County at the time the suit was filed. Therefore, the trial court did not err in denying Road Gear's motion to transfer the action to Franklin County. View "Ex parte Road Gear Truck Equipment, LLC." on Justia Law

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First Student, Inc., a school bus contractor, sought to reverse a Court of Appeals decision to affirm dismissal of its business and occupation ("B&O") tax refund action. At issue was whether First Student's transporting of students qualified as transporting persons "for hire" such that it made First Student subject to the public utility tax ("PUT") rather than the general B&O tax. The Washington Supreme Court found the meaning of "for hire" was ambiguous as used in the PUT, but resolved the ambiguity in favor of the long-standing interpretation that school buses were excluded from the definitions of "motor transportation business" and "urban transportation business" under RCW 82.16.010(6) and (12). The Court found that WAC 458-20-180 was a valid interpretation of the statute, and affirmed the Court of Appeals. View "First Student, Inc. v. Dep't of Revenue" on Justia Law

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Plaintiffs filed suit against the Texas Secretary of State and the Director of the Texas Department of Public Safety, alleging that the DPS System violates the Equal Protection Clause and the National Voter Registration Act of 1993 (NVRA). The Fifth Circuit reversed the district court's judgment declaring defendants in violation of the Equal Protection Clause and the NVRA, holding that plaintiffs lacked Article III standing to pursue their claims. The court held that plaintiffs have not established a substantial risk that they will attempt to update their voter registrations using the DPS System and be injured by their inability to do so. Therefore, plaintiffs have not established an injury in fact sufficient to confer standing to pursue declaratory and injunctive relief. Furthermore, the capable-of-repetition-yet-evading-review doctrine was not implicated by plaintiffs' claims. Accordingly, the court vacated the district court's injunction and remanded with instructions to dismiss the complaint. View "Stringer v. Whitley" on Justia Law

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In May 2013, a clear and sunny day, William Scott, a driver for Mullen Trucking 2005 Ltd., was transporting an oversize load on Interstate 5 from Canada to Vancouver, Washington. Scott's truck had a pilot vehicle driven by Tammy Detray. Along the route was the Skagit River Bridge. As they entered and crossed the bridge in the right lane, Detray was distracted, talking to her husband on a handsfree cell phone device. Affixed to the right front of Detray's pickup was a 16-foot 2-inch tall clearance pole. Detray stated she did not strike the bridge with the pole, but this was contradicted by at least one witness who said the clearance pole hit the bridge four or five times. Detray was only 4.12 seconds and approximately 300 feet ahead of Scott. As Scott neared the bridge, he noticed a truck behind him quickly approaching. About a half mile before they entered the bridge, the approaching truck, owned by codefendant Motorways Transport Ltd. and driven by Amandeep Sidhu, was "virtually beside" Scott on his left, confining Scott to the right side of the bridge. Scott's oversize load struck the lower right curvature portion of 11 sway braces. By striking the trusses, Scott caused the north bridge section to collapse into the river. The State sued Mullen Trucking and Motorways Transport for negligence. The trucking companies counterclaimed, claiming the State was also negligent. The trucking companies conceded the State could not be held liable, but they sought to allocate fault to the State under Washington’s comparative fault statute to offset any damage award that may be entered against them. The Washington Supreme Court was asked to decide whether fault may be allocated to the State under the comparative fault statute when the maximum height statute stated "no liability may attach" to the State under these circumstances. The Court determined no fault could be allocated to the State and affirmed. View "Dep't of Transp. v. Mullen Trucking 2005, Ltd." on Justia Law

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The Railroad sent Abernathy and Probus to repair a railroad crossing, which required them to transport ties several miles. The Railroad had a “tie crane,” which runs on the railroad tracks but it had been inoperable for years. The employees had two options: a backhoe or a pickup truck, traveling on public roads. Abernathy drove the backhoe. Probus drove the pickup, with the tools. Two ties fell out of the backhoe’s bucket. Abernathy stopped to lift the ties back into the bucket, injuring his back and smashing a finger. Despite the accident, the men finished the job. The following morning, Abernathy reported the injury. Abernathy worked through the pain on lighter duty for a year but was unable to return to his regular work. The Railroad terminated his employment. He had physical therapy, epidural injections, and surgery but continued to experience pain. At the time of trial, his surgeon had not cleared him for any type of work. Abernathy sued under the Federal Employers’ Liability Act, 45 U.S.C 51. A jury found that Abernathy was 30 percent at fault and awarded a net amount, $525,000. The court awarded Abernathy prevailing party costs but declined to award witness fees above the statutory amount. The Seventh Circuit affirmed. The jury could reasonably find that the Railroad did not provide Abernathy with appropriate equipment and that his working environment was not reasonably safe; a reasonable person in the Railroad’s position could have foreseen that transporting ties in a backhoe or pickup could lead to injury. There was sufficient evidence that the Railroad’s negligence played a part in causing Abernathy’s injury. View "Abernathy v. Eastern Illinois Railroad Co." on Justia Law

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Chapter 70 of the Wisconsin Tax Code governs the taxation of manufacturing and commercial companies aside from railroads and utilities. Chapter 76 governs the taxation of railroads and utilities, including air carriers, pipeline companies, and water conservation and regulation companies. The Code contains exemptions from the general property tax, including an exemption for “all intangible personal property,” which covers custom computer software. Manufacturing and commercial taxpayers generally qualify for the intangible personal property exemption; railroads and utilities do not and are the only taxpayers that Wisconsin requires to pay taxes on intangible property, including custom software. Union Pacific claimed the value of its custom software as exempt. The Department of Revenue audited Union Pacific and concluded that for the years 2014 and 2015, it owed $2,631,104.77 in back taxes and interest after disallowing that deduction. Union Pacific filed suit, arguing that the tax singles out railroads as part of an isolated and targeted group in violation of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. 11501(b)(4). The Seventh Circuit affirmed summary judgment in favor of Union Pacific. The intangible property tax exempts everyone except for an isolated and targeted group of which railroads are a part. View "Union Pacific Railroad Co. v. Wisconsin Department of Revenue" on Justia Law

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LS, a trucking company, also operates as a broker of construction trucking services. Under a 2009 oral agreement between LS and Cheema, Cheema purchased a Super Dump Truck, with the understanding that LS would purchase the truck’s detachable box from Cheema. As the box owner, LS would give priority to Cheema in dispatching assignments to Cheema as a subhauler. The parties entered a written “Subhauler and Trailer Rental Agreement” under which Cheema would submit to LS completed freight bills for all hauling that he performed for LS; LS would prepare statements showing the amount billed payable to Cheema, less a 7.5 percent brokerage fee and, if the work was performed with a box owned by LS, a 17.5 percent rental fee. Cheema began providing hauling services. Cheema claimed that because LS failed to pay him the $32,835.09 purchase price of the box, it remained his, and LS was not entitled to deduct rental fees from the payments due him. In June 2010, LS began paying Cheema $1,000 a month for nine months, noting on the checks that the payments were repayment of a “loan.” Cheema recovered damages from L.S. for having been underpaid and untimely payments. The court of appeal affirmed but remanded for calculation of prejudgment interest and penalty interest (Civil Code 3287, 3322.1), rejecting LS’s argument that the parties’ oral agreement for Cheema to sell it the box, justifying its deductions for rental, was enforceable. View "Cheema v. L.S. Trucking, Inc." on Justia Law