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The Ninth Circuit affirmed the district court's dismissal of an action brought by for-hire drivers challenging a Seattle ordinance that establishes a multistep collective bargaining process between "driver-coordinators," such as Uber and Lyft, and for-hire drivers who contract with those companies. The panel held that the drivers' claims under the National Labor Relations Act were unripe because they failed to allege an injury in fact that was concrete and particularized. In this case, even assuming arguendo that the disclosure of drivers' personal information to the union under the ordinance was imminent, the disclosure was neither a concrete nor a particularized injury. Furthermore, no contract or agreement was imminent. The court also held that the drivers' First Amendment claims were unripe for the same reasons. View "Clark v. City of Seattle" on Justia Law

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In this consolidated appeal from adversary proceedings challenging an alleged diversion of funds to which Peaje Investments LLC (Peaje) claimed it was entitled, the First Circuit held that Peaje did not hold a statutory lien on certain toll revenues of the Puerto Rico Highways and Transportation Authority (Authority). The Authority and the Commonwealth of Puerto Rico commenced bankruptcy cases under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act, 48 U.S.C. 2101-2241. Peaje, the beneficial owner of $65 million of uninsured bonds issued by the Authority, instituted adversary proceedings alleging that its bonds were secured by a lien on certain Authority toll revenues and that the Authority and the Commonwealth of Puerto Rico were diverting funds to which Peaje was entitled under the lien and using them for purposes other than paying the bonds. The First Circuit affirmed the Title III court’s primary grounds for its order denying Peaje’s request for a preliminary injunction and relief from the stay and otherwise vacated and remanded the matter, holding (1) Peaje did not hold a statutory lien on Authority toll revenues; and (2) now that it is clear that Peaje has no statutory lien, the district court’s alternative reasons for denying relief should be reconsidered de novo on an updated record. View "Peaje Investments LLC v. Puerto Rico Highways & Transportation Authority" on Justia Law

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In this action brought under the Interstate Commerce Commission Termination Act (ICCTA) the First Circuit denied the petition for review filed by Petitioners, holding that the Surface Transportation Board (STB) did not err by concluding that certain activities at a Grafton & Upton Railroad Company (G&U) facility involving wood pellets qualified as “transportation by rail carrier” and so fell within the exclusive jurisdiction of the STB. The Upton, Massachusetts board of selectmen concluded that the ICCTA preempted local regulation of the wood-pellet activities at G&U’s local facility. Petitioners, who lived near the facility, asked the STB for a declaratory order that these activities were not part of “transportation by rail carrier” under ICCTA because they were manufacturing activities, and therefore, there could be no federal preemption of otherwise-applicable state and local regulations. The STB concluded that the complained-about activities qualified as “transportation” under the ICCTA and therefore fell within the STB’s jurisdiction. The First Circuit denied Petitioners’ petition for review, holding that Petitioners failed to show that the STB acted arbitrarily or capriciously, abused its discretion, or otherwise violated the law. View "Del Grosso v. Surface Transportation Board" on Justia Law

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The en banc court held that the Railway Labor Act did not preempt a worker's claim premised on a state law right to reschedule vacation leave for family medical purposes, when the worker's underlying right to vacation leave was covered by a collective bargaining agreement (CBA). The court also held that the Act did not preempt the worker's claim because the claim neither arose entirely from nor required construction of the CBA. Furthermore, that the CBA must be consulted to confirm the existence of accrued vacation days was not sufficient to extinguish the worker's independent state law right to use the accrued time to care for a sick child. Accordingly, the court affirmed the district court's grant of summary judgment to defendants. View "Alaska Airlines v. Schurke" on Justia Law

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The DC Circuit previously ruled that the Due Process Clause does not allow Amtrak to use an arbitration process to impose its preferred metrics and standards on its competitors, notwithstanding their opposition and that of the Federal Railroad Administration. In this case, the court held that severing the arbitration provision in Section 207(d) of the 2008 Passenger Rail Investment and Improvement Act was the proper remedy. The court reasoned that, without an arbitrator's stamp of approval, Amtrak could not unilaterally impose its metrics and standards on objecting freight railroads; no rule would go into effect without the approval and permission of a neutral federal agency; and that brought the process of formulating metrics and standards back into the constitutional fold. View "Association of American Railroads v. DOT" on Justia Law

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After a confrontational screening at Philadelphia International Airport in 2006, during which police were called, Pellegrino asserted intentional tort claims against TSA screeners. Under the Federal Tort Claims Act, the government generally enjoys sovereign immunity for intentional torts committed by federal employees, subject to the “law enforcement proviso” exception, which waives immunity for a subset of intentional torts committed by employees who qualify as “investigative or law enforcement officers,” 28 U.S.C. 2680(h). The Third Circuit affirmed the dismissal of Pellegrino’s suit, holding that TSA screeners are not “investigative or law enforcement officers” under the law enforcement proviso. They “typically are not law enforcement officers and do not act as such.” The court noted that the head of the TSA, the Under Secretary of Transportation for Security, has specific authority to designate employees to serve as “law enforcement officer[s]” 49 U.S.C. 114(p)(1). An employee so designated may carry a firearm, make arrests, and seek and execute warrants for arrest or seizure of evidence. Screening locations are staffed by both screening officers and law enforcement officers. View "Pellegrino v. United States Transportation Security Administration" on Justia Law

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Allied contracted to ship railroad ties with Wisconsin Central’s parent company, Canadian National, providing that demurrage would begin to accrue after two days of unloading time. Rail carriers are statutorily required to impose demurrage charges when rail cars are detained beyond the time the tariff allows for loading or unloading. Wisconsin Central also entered into an agreement with TiEnergy, which would receive the ties at its Wisconsin facility; grind them for sale to Xcel, which would burn them to generate power; and provide Allied with proof that the ties had been incinerated in an environmentally safe manner. Allied listed TiEnergy as the consignee on all bills of lading. After receiving the ties, TiEnergy unloaded, ground, and sold them. Approximately 100 rail cars used to ship the ties remained on the sidetrack beyond the two-day unloading period. Canadian National billed TiEnergy for demurrage. TiEnergy said that it had not agreed to be identified as the consignee and could not be held responsible. Wisconsin Central sued TiEnergy, seeking to recover approximately $100,000 in demurrage. TiEnergy sought indemnification or contribution from Allied. The district court granted Wisconsin Central and Allied summary judgment. The Seventh Circuit affirmed. The only conclusion a juror could reasonably draw from the undisputed facts is that TiEnergy had both control of and an interest in the ties. View "Wisconsin Central Limited v. Tienergy, LLC" on Justia Law

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The Second Circuit granted consolidated petitions for review of a final rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule increasing civil penalties for noncompliance with Corporate Average Fuel Economy standards. The court held that the agency lacked statutory authority to indefinitely delay the effective date of the rule. Furthermore, the agency, in promulgating the rule, failed to comply with the requirements of notice and comment rulemaking pursuant to the Administrative Procedure Act. Accordingly, the court vacated the rule. View "Natural Resources Defense Council v. National Highway Traffic Safety Admin." on Justia Law

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The Business and Consumer Docket did not err by determining that the Sensible Transportation Policy Act (STPA), Me. Rev. Stat. 23, 73, afforded the plaintiffs, who sought declaratory and injunctive relief regarding the Department of Transportation’s plan to widen Main Street in Wiscasset, no private right of action. Plaintiffs, four entities that owned property in Wiscasset, claimed that the Department violated various constitutional, statutory, regulatory, and municipal provisions in planning and designing a downtown improvement project calling for the widening and alteration of Maine Street. The court entered a judgment on the pleadings in favor of the Department as to all counts. As to count one, the court concluded that the STPA affords no private right of action and that Plaintiffs were precluded from seeking relief on that basis. The Supreme Judicial Court affirmed, holding that the STPA provides for no implied private right of action to allow enforcement of its terms. View "Wawenock, LLC v. Department of Transportation" on Justia Law

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The Eighth Circuit affirmed the district court's dismissal of plaintiff's claims against defendants in an action alleging claims under the Driver's Privacy Protection Act (DPPA), 18 U.S.C. 2721-25. The court held that the district court properly dismissed plaintiff's claims against Defendant Kopp as untimely under the applicable statute of limitations; plaintiff failed to state a claim for direct municipal liability against Duluth because she failed to plead sufficient facts supporting an inference that the City knowingly allowed Kopp to access the database for any reason other than her official duties; and plaintiff failed to preserve any vicarious liability claim. View "Loeffler v. City of Duluth" on Justia Law