Justia Transportation Law Opinion Summaries

Curtis Rookaird, represented by Paul Parker, was terminated by BNSF Railway Company after performing an air-brake test, which he argued was a protected activity under the Federal Railroad Safety Act (FRSA). Rookaird claimed his termination was retaliatory. Initially, a jury found in Rookaird’s favor, but the Ninth Circuit vacated the verdict and remanded the case to the district court to reconsider whether the air-brake test contributed to BNSF’s decision to terminate him. On remand, the district court conducted a bench trial and ruled in favor of BNSF, concluding that while the air-brake test contributed to the termination, it did so "very little."The district court found that BNSF had conceded the air-brake test contributed to Rookaird’s termination but ruled that BNSF was entitled to an affirmative defense by showing the test contributed minimally. The court also upheld BNSF’s evidentiary rulings, excluding certain testimony and admitting comparator evidence. Rookaird appealed, arguing the district court misapplied the FRSA and erred in its evidentiary rulings.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court affirmed the district court’s evidentiary rulings, finding no abuse of discretion. However, it vacated the district court’s judgment on the affirmative defense issue. The Ninth Circuit held that under the FRSA, an employer must prove by clear and convincing evidence that it would have terminated the employee absent the protected activity, not merely that the protected activity contributed "very little" to the decision. The case was remanded for the district court to determine if BNSF met this burden, given that the air-brake test could not contribute even in part to the termination decision. View "Parker v. BNSF Railway Co." on Justia Law

The plaintiffs, former employees of Alpine Site Services, Inc., filed a lawsuit alleging that the company violated the Fair Labor Standards Act (FLSA) by failing to pay them the required overtime wages. Alpine contended that the Motor Carrier Act (MCA) exemption applied, which would exempt them from paying overtime. The plaintiffs argued that they were not properly classified under the MCA exemption.The United States District Court for the Southern District of Texas reviewed the case and agreed with Alpine, finding that the plaintiffs were classified as "loaders" under the MCA exemption. The court found that the plaintiffs' job duties included loading vehicles, which directly affected the safety of operation of motor vehicles in interstate commerce. The district court dismissed the suit with prejudice, concluding that the plaintiffs fell under the MCA exemption and were not entitled to overtime pay.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the district court did not err in classifying the plaintiffs as "loaders" under the MCA exemption. The court noted that the plaintiffs' duties included loading vehicles, which required the exercise of judgment and discretion, and that this work directly affected the safety of operation of motor vehicles. The court also found that the plaintiffs regularly engaged in loading activities, which constituted a substantial part of their job responsibilities. The appellate court concluded that the MCA exemption applied to the plaintiffs in all workweeks, even those in which they performed only non-safety-affecting duties. The court also dismissed the plaintiffs' claim that the district court abused its discretion in denying their motion to amend the court's factual findings, as the plaintiffs failed to provide meaningful analysis or supporting authority for this argument. The decision of the district court was affirmed. View "Kelley v. Alpine Site Services" on Justia Law

Yanjun Xu, a Chinese citizen and member of China’s Ministry of State Security, was convicted of conspiracy to commit economic espionage and conspiracy to steal trade secrets from multiple aviation companies over a five-year period. Xu was also convicted of attempted economic espionage by theft or fraud and attempted theft of composite fan-blade technology from GE Aviation. He was sentenced to a combined 240 months’ imprisonment. Xu appealed, seeking to vacate the judgment and remand for a new trial, arguing that the district court erred in failing to dismiss Counts 1 and 2 as duplicitous and abused its discretion in admitting expert testimony in violation of Federal Rule of Evidence 704(b). Alternatively, Xu sought to have his sentence vacated, arguing it was both procedurally and substantively unreasonable.The United States District Court for the Southern District of Ohio denied Xu’s motion to dismiss the indictment, finding that the conspiracy counts were not duplicitous as they alleged a single overarching conspiracy. The court also admitted expert testimony from James Olson, a retired CIA officer, who testified about espionage techniques and tradecraft, which Xu argued violated Rule 704(b). The court overruled Xu’s objections, finding that Olson’s testimony did not directly opine on Xu’s intent but rather described common practices in espionage.The United States Court of Appeals for the Sixth Circuit affirmed the district court’s judgment. The appellate court held that the indictment was not duplicitous as it charged a single conspiracy with multiple overt acts. The court also found that Olson’s testimony did not violate Rule 704(b) and that any potential error was cured by the district court’s limiting instructions to the jury. Additionally, the appellate court found Xu’s sentence to be procedurally and substantively reasonable, noting that the district court properly calculated the intended loss and considered the § 3553(a) factors. The court concluded that Xu’s sentence was within the Guidelines range and not disparate compared to similarly situated defendants. View "United States v. Yanjun Xu" on Justia Law

In 2021, Shannon Carson was injured in an automobile accident in Louisiana while driving an 18-wheeler truck owned by his employer. The accident was caused by another driver, Jamarcea Washington, who was insured by GEICO and died in the collision. Carson's employer's truck was insured by American Millenium Insurance Company, which provided $75,000 in underinsured motorist (UIM) coverage. Carson also had a personal automobile insurance policy with USAA, which provided $50,000 in UIM coverage. Carson settled with GEICO and American Millenium for their policy limits and then sought additional UIM benefits from his USAA policy.The case was initially filed in Louisiana state court and then removed to the United States District Court for the Western District of Louisiana based on diversity jurisdiction. The district court granted summary judgment in favor of USAA, concluding that Carson, as a Class II insured under South Carolina law, was prohibited from stacking his personal UIM insurance on top of the American Millenium UIM coverage. Carson filed a Rule 59(e) motion, arguing that he was entitled to "port" his personal UIM coverage under South Carolina law. The district court denied the motion, maintaining that the case involved stacking, not portability, and that Carson had already received the statutory limit for UIM coverage.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court concluded that South Carolina law does not prevent Carson from recovering UIM benefits under his personal automobile insurance policy with USAA. The court distinguished between stacking and portability, noting that while stacking is prohibited for Class II insureds, portability allows an insured to recover under their personal UIM policy when their vehicle is not involved in the accident. The court vacated the district court's summary judgment and remanded the case for further proceedings consistent with its opinion. View "Carson v. USAA Casualty Insurance" on Justia Law

The case involves the crash of Lion Air Flight JT 610, a Boeing 737 MAX, which took off from Jakarta, Indonesia, and crashed into the Java Sea on October 29, 2018, killing all on board. The plaintiffs are family members and representatives of the estates of two passengers, Liu Chandra and Andrea Manfredi. They filed lawsuits against Boeing and other defendants, seeking damages under various legal theories, including the Death on the High Seas Act (DOHSA), state law, and other federal statutes.The Chandra case was initially filed in Illinois state court and then removed to the United States District Court for the Northern District of Illinois. The Manfredi case was filed directly in the same federal court. Both sets of plaintiffs demanded a jury trial and asserted claims under DOHSA, state law, and other federal statutes. Boeing filed motions to limit the plaintiffs' claims to DOHSA and to preclude a jury trial. The district court ruled in favor of Boeing, holding that DOHSA was the exclusive remedy and that the plaintiffs were not entitled to a jury trial. The court dismissed all non-DOHSA claims and certified the jury trial issue for interlocutory appeal.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court's rulings, holding that DOHSA preempts all other claims and mandates a bench trial. The court reasoned that DOHSA's language and legislative history indicate that claims under the statute must be brought in admiralty, which does not carry the right to a jury trial. The court also noted that Congress has not amended DOHSA to allow for jury trials in federal court, despite longstanding judicial interpretations to the contrary. Therefore, the plaintiffs' claims must proceed without a jury. The court's decision was to affirm the district court's rulings. View "Buehler v. Boeing Company" on Justia Law

Scott Lupia, a locomotive engineer for New Jersey Transit Rail Operations, Inc. (NJT), was injured when the air conditioning (A/C) unit in his cab malfunctioned, causing the temperature to rise to 114 degrees Fahrenheit. Despite notifying his supervisors, Lupia was instructed to operate the train, leading to his collapse from heat exhaustion and subsequent permanent injuries. Lupia filed a lawsuit under the Federal Employers’ Liability Act (FELA), alleging that NJT violated the Locomotive Inspection Act (LIA) by failing to maintain the locomotive's parts and appurtenances, including the A/C unit, in safe operating condition.The United States District Court for the Southern District of New York denied NJT's motion for summary judgment, holding that a temperature control system, including an A/C unit, is considered a "part and appurtenance" of a locomotive under the LIA. The court found sufficient evidence that NJT's failure to maintain the A/C unit in proper condition posed an unnecessary danger of personal injury. During the trial, the court allowed Lupia to introduce a report to impeach NJT’s witness and permitted arguments regarding noneconomic damages. The jury awarded Lupia significant damages for lost earnings and pain and suffering.The United States Court of Appeals for the Second Circuit reviewed the case and affirmed the District Court's judgment. The appellate court agreed that a temperature control system is an integral part of a locomotive and that NJT was required to maintain the A/C unit in safe operating condition once it chose to use it as part of its temperature control system. The court also found no abuse of discretion in the District Court's evidentiary rulings and its decision to allow arguments on noneconomic damages. View "Lupia v. New Jersey Transit Rail Operations, Inc." on Justia Law

The Department of Transportation (DOT) issued a Rule on April 30, 2024, requiring airlines to disclose ancillary service fees, such as baggage and change fees, during the booking process. The Rule aims to protect consumers from surprise charges and is expected to provide significant societal and consumer benefits. The Rule took effect on July 1, 2024, with compliance deadlines for airlines and third-party ticket agents set for later dates. Various airlines and airline associations challenged the Rule, arguing it exceeds DOT’s authority, is arbitrary and capricious, and bypassed the required notice and comment process.The airlines and associations first sought a stay from the DOT, which was denied. They then petitioned the United States Court of Appeals for the Fifth Circuit for a stay pending review. The petitioners argued that the Rule exceeds DOT’s statutory authority under 49 U.S.C. § 41712(a), which allows the DOT Secretary to investigate and adjudicate unfair or deceptive practices but does not authorize the creation of detailed legislative rules. The petitioners also claimed that the Rule imposes significant compliance costs that would cause irreparable harm.The United States Court of Appeals for the Fifth Circuit granted the stay, finding that the petitioners made a strong showing that the Rule likely exceeds DOT’s authority. The court noted that the Rule mandates specific disclosure practices without the adjudicatory process required by the statute. The court also found that the petitioners would suffer irreparable harm due to the nonrecoverable compliance costs. The court concluded that there is no public interest in perpetuating unlawful agency action and expedited the petition for review to the next available oral argument panel. View "Airlines for America v. Department of Transportation" on Justia Law

The plaintiffs, We CBD, LLC, and We C Manage, LLC, sought to transport hemp by air from Oregon to Switzerland in October 2020. They engaged Ed Clark, a charter broker, who then contacted Planet Nine Private Air, LLC, to arrange the transport. Planet Nine was informed that the cargo was legal hemp. The flight was scheduled to depart on November 8, 2020, but upon landing for refueling in Charlotte, North Carolina, U.S. Customs officials detained the plane and seized the cargo, suspecting it to be illegal marijuana. Subsequent tests confirmed high THC levels, leading to the destruction of the cargo.The plaintiffs filed a lawsuit in the Western District of North Carolina, alleging state law claims against Planet Nine for the destruction of their cargo. Planet Nine moved for summary judgment, arguing that the plaintiffs' claims were preempted by the Montreal Convention, an international treaty governing air transport. The district court agreed, ruling that the Montreal Convention preempted the plaintiffs' state law claims because the events causing the damage occurred during the carriage by air.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the plaintiffs' claims were indeed preempted by the Montreal Convention. The court reasoned that the critical events, including the plane's detention and the cargo's seizure and testing, occurred during the carriage by air. The court also noted that the public authority defense under the Montreal Convention applied, as the destruction of the cargo was carried out by U.S. Customs in connection with its transit. Thus, the plaintiffs' state law claims were preempted, and the summary judgment in favor of Planet Nine was affirmed. View "We CBD, LLC v. Planet Nine Private Air, LLC" on Justia Law

The case involves the Western Coal Traffic League (the League), a coalition of coal shippers, petitioning for a writ of mandamus to compel the Surface Transportation Board (the Board) to take action on a proceeding related to the concept of "revenue adequacy" in freight rail shipping rates. The Board had opened an informational docket in April 2014 to gather public comments on how it calculates and applies revenue adequacy in rate cases. Over the next six years, the Board collected information through written comments and public hearings but had not issued a decision since February 2020. The League participated in the hearings and submitted comments advocating for changes to the Board's framework.The League filed a petition for a writ of mandamus in May 2023, arguing that the Board's delay in responding to the comments was unreasonable and requesting the court to compel the Board to publish a notice of proposed rulemaking or issue a final decision within 90 days. The League relied on the Administrative Procedure Act (APA) to argue that the Board's inaction was a clear violation of its duty to act promptly.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court noted that mandamus is an extraordinary remedy reserved for clear violations of a duty to act. The court found that it lacked jurisdiction to issue the writ because the Board's management of the Revenue Adequacy docket did not constitute a "final order" subject to judicial review under the Hobbs Act. The Board had convened the proceeding solely to gather public comments without any statutory duty or plans to undertake a rulemaking or specific regulatory action. Consequently, the court dismissed the League's petition for mandamus for lack of jurisdiction. View "In re: Western Coal Traffic League" on Justia Law

The plaintiffs, five Muslim U.S. citizens, allege they have been placed on the Terrorist Screening Dataset, commonly known as the "terrorist watchlist." This list includes the No-Fly List, which prevents individuals from boarding flights, and the Selectee List, which subjects individuals to enhanced security screening. Four plaintiffs claim they are on the Selectee List due to repeated enhanced screenings, while one plaintiff, Adis Kovac, claims he is on both the No-Fly List and the Selectee List. Each plaintiff sought redress through the Department of Homeland Security’s Traveler Redress Inquiry Program (TRIP), but only Kovac received confirmation of his No-Fly List status.The plaintiffs filed a lawsuit in the U.S. District Court for the Northern District of Texas against various federal agency heads, alleging violations of their constitutional rights and unlawful agency action under the Administrative Procedure Act (APA). The district court dismissed several claims, including due process and equal protection claims, and later dismissed Kovac’s No-Fly List claims as moot after he was removed from the list. The remaining APA claims were addressed at summary judgment, where the district court ruled that the agencies had statutory authority to maintain the watchlist and that the TRIP procedures were not arbitrary and capricious.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court affirmed the district court’s decision, holding that the relevant federal agencies have clear statutory authority to create, maintain, and use the watchlist for screening airline passengers. The court found that the statutory framework, including the Aviation and Transportation Security Act, the Homeland Security Act, and subsequent legislation, provided unambiguous authority for the watchlist. The court did not address whether the major questions doctrine applied, as the statutory authority was clear. The court also concluded that the plaintiffs lacked standing to challenge the watchlist’s use in contexts unrelated to airport security. View "Kovac v. Wray" on Justia Law