Justia Transportation Law Opinion SummariesArticles Posted in US Court of Appeals for the Fifth Circuit
Ezell v. Kansas City Southern Railway Co.
After he drove his car into a stationary train that was blocking a traffic crossing, plaintiff filed suit against KCSR, alleging common law negligence claims based on his allegations that the train blocked the crossing for an impermissible amount of time and the train's crew failed to adequately warn approaching drivers of the obstructed crossing. The Fifth Circuit affirmed the district court's grant of summary judgment, holding that plaintiff's Federal Railroad Safety Act argument was unavailing, and that both blocking claims were preempted by the ICC Termination Act. Furthermore, plaintiff's claim that KCSR failed to adequately warn motorists of the obstructed crossing was barred by Mississippi’s Occupied Crossing Rule. View "Ezell v. Kansas City Southern Railway Co." on Justia Law
Reyes v. North Texas Tollway Authority
The $25 fee assessed by the Authority is rationally related to the government's interest in recovering costs spent to collect unpaid tolls. Plaintiffs, drivers who were assessed fees after they repeatedly refused to pay tolls, contend that the $25 administrative fee violates their right to substantive due process under the Fourteenth Amendment. The Fifth Circuit held that, in addition to recovering costs, the fee is a mechanism that strongly encourages drivers to get a TollTag. The court explained that the nature of the Authority's interest in incentivizing TollTag usage is to sustain the Authority's financial health. In this case, the Authority's experiment sought to decrease congestion and increase access to the roads, two interests that often compete but could both be furthered by removing toll booths. View "Reyes v. North Texas Tollway Authority" on Justia Law
Owner-Operator Independent Drivers Ass’n v. US DOT
The Fifth Circuit dismissed for lack of jurisdiction the Association's appeal of the FMCSA's grant of permanent operating authority to two Mexico-domiciled motor carriers. The court held that the Association failed to file a timely appeal as required by statute. In this case, the orders rejecting and dismissing the Association's protest were final orders of the FMCSA, a fact that was unaffected by the Association's motion for reconsideration. View "Owner-Operator Independent Drivers Ass'n v. US DOT" on Justia Law