Justia Transportation Law Opinion Summaries
Iverson v. United States
The Federal Tort Claims Act (FTCA) removed sovereign immunity from suits for “injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission” of a federal employee acting within the scope of his employment, 28 U.S.C. 1346(b)(1)). The FTCA generally exempts intentional torts, which remain barred by sovereign immunity. The “law-enforcement proviso” allows plaintiffs to file claims arising “out of assault, battery, false imprisonment, false arrest, abuse of process, [and] malicious prosecution” that are the result of “acts or omissions of investigative or law enforcement officers of the United States Government” and defines investigative or law enforcement officer as “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”Iverson went through security at the Minneapolis-St. Paul airport, walking with the aid of crutches. Transportation Security Officers (TSOs) performed a pat-down search; Iverson was allowed to place his hands on his crutches but had to stand on his own power. Iverson alleges that a TSO pulled him forward and then abruptly let go, causing Iverson to fall and be injured. The TSA denied an administrative claim. Iverson sued, asserting battery and negligence. The Eighth Circuit reversed the dismissal of the case, finding that TSOs satisfy the FTCA’s definition of an investigative or law enforcement officer. View "Iverson v. United States" on Justia Law
New York v. National Highway Traffic Safety Administration
The Second Circuit granted a petition for review of the NHTSA's final rule, which reversed the agency's 2016 increase to the base rate of the Corporate Average Fuel Economy (CAFE) penalty. The court held that the CAFE penalty is a civil monetary penalty under the Federal Civil Penalties Inflation Adjustment Act Improvements Act. Consequently, NHTSA did not act in accordance with law when it reached the contrary conclusion in its 2019 Final Rule and reversed its initial catch-up inflation adjustment.The court also held that the NHTSA's reconsideration of the economic effects of its initial rule was untimely and therefore unauthorized. In this case, the Improvements Act provided a limited window of time for NHTSA to reduce the initial catch-up inflation adjustment to the CAFE penalty based on a conclusion that the increase would have a negative economic impact. However, by 2019, that window had closed and the agency acted in excess of its authority when it reconsidered and reversed its prior increase of the CAFE penalty based on an assessment of economic consequences. Accordingly, the court vacated the rule. View "New York v. National Highway Traffic Safety Administration" on Justia Law
Brotherhood of Locomotive Engineers & Trainmen v. Federal Railroad Administration
Two U.S. railroads began allowing engineers and conductors employed by their Mexican affiliates to operate trains on their tracks in the U.S. Railroads certify their own engineers and conductors, in compliance with minimum standards. The Federal Railroad Administration (49 U.S.C. 20135(a)) does not issue formal documentation approving a railroad’s written certification program but has a passive approval system. If the Administration does not notify the railroad that its written certification program fails to meet the minimum regulatory criteria, the program is considered approved. Because Mexican railroads do not meet the Administration standards, trains have traditionally switched crews at the border, a time-consuming practice.Unions representing railroad employees filed suit, arguing that it was unlawful to approve a certification program permitting one railroad to certify employees of a foreign affiliate railroad that it does not control and for a certification program to deploy an abbreviated curriculum and training protocol to engineers with operating experience only in Mexico.The D.C. Circuit vacated and remanded in part. The Administration’s approval of a railway’s revised engineer certification program that allows that railroad to use an abbreviated program to certify Mexican engineers is a final action subject to Hobbs Act jurisdiction. The court rejected a timeliness argument, stating that the Administration had “completely hidden its already obscured passive approval from public view.” The Administration failed to provide a reasoned explanation for its approval of the materially-altered certification program. View "Brotherhood of Locomotive Engineers & Trainmen v. Federal Railroad Administration" on Justia Law
Miller v. Union Pacific Railroad Co.
After plaintiff was injured while serving as an engineer for UP when the train he was operating partially derailed because of a misaligned switch, he filed suit under the Federal Employers' Liability Act (FELA), alleging claims of FELA negligence per se and negligence.The Eighth Circuit affirmed the district court's denial of plaintiff's motion for partial summary judgment and grant of UP's motion for summary judgment. In regard to plaintiff's negligence per se claim, the court held that plaintiff failed to present any evidence that would raise a genuine issue of material fact that UP "played any part, even the slightest" to cause the switch to be moved from its designated position. Rather, the evidence showed the switch was misaligned by a criminal act of a third party. Furthermore, there is no evidence in the record that any act of a UP employee contributed to the misalignment. Therefore, UP committed no act violating the regulation requiring switches to be aligned per the railroad's written policy.In regard to the negligence claim, the court held that UP cannot be liable under a negligence theory for failing to properly align the switch unless it knew or had reason to know it was misaligned. In this case, there was no evidence that UP was aware the switch was not properly aligned. Likewise, plaintiff presented no evidence that UP failed to reasonably protect its keys or had reason to know that the security of its keys or locks were compromised; plaintiff proffered no evidence of an industry standard or other evidence that could lead a jury to find UP negligent for failing to remove the switch or track; and plaintiff failed to point to any evidence that would establish that UP was negligent if it failed to install additional or different devices to prevent someone from tampering with the switch. View "Miller v. Union Pacific Railroad Co." on Justia Law
Namisnak v. Uber Technologies, Inc.
The Ninth Circuit affirmed the district court's order denying in part Uber's motion to compel arbitration of claims brought by plaintiffs under the Americans with Disabilities Act (ADA). Plaintiff alleged that Uber failed to provide a wheelchair-accessible ride-sharing option (uberWAV) in their hometown of New Orleans.The panel held that plaintiffs plausibly alleged sufficient facts to establish Article III standing where they sufficiently alleged an injury in fact under the "deterrent effect doctrine." The doctrine recognizes that when a plaintiff who is disabled within the meaning of the ADA has actual knowledge of illegal barriers at a public accommodation to which he or she desires access, that plaintiff need not engage in the futile gesture of attempting to gain access in order to show actual injury. In this case, plaintiffs have alleged that they are aware that Uber does not offer uberWAV in New Orleans; that they cannot use the Uber App because of its failure to offer uberWAV; that they plan to use the Uber App if it becomes wheelchair-accessible; and that they presently fear that they will encounter the mobility-related barriers which exist within Uber's Application and services. The panel also held that plaintiffs have plausibly alleged causation and redressability where plaintiffs' alleged injuries would not exist absent Uber's actions, and these injuries cannot be redressed without enjoining Uber to comply with the ADA. Finally, the panel held that equitable estoppel does not apply where plaintiffs' ADA claims are fully viable without any reference to Uber's Terms and Conditions. View "Namisnak v. Uber Technologies, Inc." on Justia Law
Burlaka v. Contract Transport Services LLC
Truck drivers brought individual, collective, and class action claims against CTS, their former employer, for failing to provide overtime pay. The Fair Labor Standards Act requires overtime pay for any employee who works more than 40 hours in a workweek. 29 U.S.C. 207(a)(1). The statute exempts employees who are subject to the Secretary of Transportation’s jurisdiction under the Motor Carrier Act: It is dangerous for drivers to spend too many hours behind the wheel, and “a requirement of pay that is higher for overtime service than for regular service tends to … encourage employees to seek” overtime work. Under 49 U.S.C. 13501(1)(A), drivers need not actually drive in interstate commerce to fall within the Secretary’s jurisdiction if they are employed by a carrier that “has engaged in interstate commerce and that the driver could reasonably have been expected to make one of the carrier’s interstate runs.”The Seventh Circuit affirmed summary judgment in favor of CTS, finding that the plaintiffs could be expected to drive any of the CTS routes. While some of the plaintiffs’ runs may have been purely local, the sheer volume of the interstate commerce through these facilities, combined with the fact that the plaintiffs were assigned to their duties indiscriminately, demonstrates that the plaintiffs had a reasonable chance of being called upon to make some drives that were part of a continuous interstate journey. View "Burlaka v. Contract Transport Services LLC" on Justia Law
State ex rel. Brnovich v. City of Phoenix
The Supreme Court held that the constitutional prohibition on state and local governments from imposing or increasing taxes or other "transaction-based" fees on services does not extend to "trip fees" imposed by the City of Phoenix on commercial ground transportation providers who transport passengers to and from an airport.The Attorney General filed a special action pursuant to Ariz. Rev. Stat. 41-194.01(B)(2) asking whether the City's newly adopted ordinance adjusting passenger pick-up fees and imposing new trip fees for dropping off departing passengers at the Phoenix Sky Harbor International Airport violates Ariz. Const. Art. IV, 25 as to commercial ground transportation providers. The Supreme Court held (1) the ordinance does not violate section 25 because the fees are not "transaction-based"; and (2) the bond provision in section 41-194.01(B)(2) is incomplete and unintelligible and therefore unenforceable. View "State ex rel. Brnovich v. City of Phoenix" on Justia Law
Neylon v. BNSF Railway Co.
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of BNSF in an action brought by plaintiff, alleging a claim of retaliation for engaging in protected activity under the Federal Railroad Safety Act (FRSA).The court held that, in order to make a prima facie case of unlawful retaliation under the FRSA, an employee must show, by a preponderance of the evidence: (i) he engaged in a protected activity; (ii) the rail carrier knew or suspected, actually or constructively, that he engaged in the protected activity; (iii) he suffered an adverse action; and (iv) the circumstances raise an inference that the protected activity was a contributing factor in the adverse action. Furthermore, the contributing factor that an employee must prove is intentional retaliation prompted by the employee engaging in protected activity. In this case, the court held that the record as a whole could not lead a rational trier of fact to find that plaintiff's injury report prompted BNSF to intentionally retaliate against him. View "Neylon v. BNSF Railway Co." on Justia Law
Shelter Insurance Co. v. Gomez
The Supreme Court held that a federal regulation does not impose a duty on insurers to issue policies that satisfy a motor carrier's minimum level of financial responsibility because compliance with the financial responsibility requirements under Neb. Rev. Stat. 75-363 and the pertinent federal regulations is the duty of the motor carrier and not its insurer.Through Neb. Rev. Stat. 75-363 the Nebraska Legislature adopted several parts of the Federal Motor Carrier Safety Regulations and made those regulations applicable to certain intrastate motor carriers otherwise not subject to the federal regulations. One of the federal regulations adopted by section 75-363(3)(d) sets out minimum levels of financial responsibility for motor carriers. At issue before the Supreme Court was whether 49 C.F.R. 387 imposes a duty on an insurer to issue a policy with liability limits that satisfy the motor carrier's financial responsibility. The Supreme Court held that compliance with section 75-363 and section 387 is the responsibility of the motor carrier, not on the insurer. View "Shelter Insurance Co. v. Gomez" on Justia Law
Allman v. Walmart, Inc.
Federal regulations require commercial truck drivers to undergo annual physicals to be “medically certified as physically qualified." A driver is not physically qualified if he has a clinical diagnosis of a respiratory dysfunction likely to interfere with his ability to drive a commercial motor vehicle safely. Respiratory dysfunction includes sleep apnea.Allman was diagnosed with apnea after a sleep study and was instructed to wear a CPAP machine when sleeping in his truck. Allman complained about the device, which was remotely monitored. Allman was suspended twice for noncompliance. Allman independently completed a second sleep study, which showed that Allman did not have sleep apnea. Allman stopped wearing the CPAP and obtained a new DOT certification card without another examination. Walmart instructed Allman to participate in another sleep study because the doctor who performed Allman’s independent study was not board certified. A third study resulted in a second diagnosis of sleep apnea. Allman refused to wear the CPAP machine. Rather than taking the conflicting sleep studies to a DOT medical examiner, Allman resigned and filed suit, asserting discrimination based on perceived disability and retaliation under Ohio law.The Sixth Circuit affirmed the rejection of both claims. Walmart offered a legitimate, nondiscriminatory reason for its CPAP requirement; Allman failed to rebut that reason as pretextual. Walmart’s CPAP requirement was not an unsafe working condition but was a disability accommodation meant to promote public safety and to ensure compliance with federal law. View "Allman v. Walmart, Inc." on Justia Law