The Transportation Brief®: A Quarterly Newsletter, Spring 2019
Transportation Brief: Illinois Supreme Court Ruling Sparks Increase in Biometric Privacy Litigation
by Chip Andrewscavage, Andrew J. ButcherAs the use of biometric identifiers for timekeeping, handheld devices, and security grows, so does state regulation and litigation. A recent Illinois Supreme Court ruling and the subsequent flood of litigation regarding compliance with Illinois’s Biometric Information Privacy Act (BIPA) highlights the urgent need to review biometric compliance protocol.
- Transportation Brief: Federal Courts Split on Applicability of Federal Preemption in Negligent Hiring Claims
by Timothy W. Cochren, Thomas E. SchulteIn Autumn 2018, the Firm analyzed two federal court decisions that held the FAAA preempted the plaintiffs’ negligent selection claims against a broker. Since then, three additional federal district courts have addressed this issue as the law surrounding broker liability continues to develop.
- Transportation Brief: Transporting Hemp Still Risky Business After 2018 Farm Bill
by Nathaniel G. SaylorThe 2018 Farm Bill (the Bill) removed hemp and hemp-derived products—provided they contain a THC concentration of 0.3% or less—from the Controlled Substances Act’s definition of marijuana, effectively decriminalizing the transportation of those products at the federal level. But, as some carriers and their drivers have learned, states can prohibit transportation of hemp and related products within their borders.
- Transportation Brief: Supreme Court Weighs in on Arbitration with Owner-Operators
by Braden K. Core, Prasad SharmaAt issue in New Prime, Inc. v. Oliveira, decided on January 15, 2019, was whether Mr. Oliveira—who personally drove a lease-purchase truck—was exempt from the Federal Arbitration Act (FAA) because he had a “contract of employment.” The answer would determine whether Prime could invoke the FAA to enforce an arbitration agreement Mr. Oliveira had agreed to.
- Transportation Brief: Canada’s New Federal Fuel Tax
by Ronald J. MorelockThe Canada Revenue Agency (CRA) now administers a federal fuel tax that is part of the Canadian government’s plan to reduce Greenhouse Gas (GHG) emissions in Canada. Failure to timely register or pay the fuel charge may result in penalties and interest.
- Transportation Brief: Spotlight on Scopelitis Emerging Tech Practice
Shannon M. Cohen, Gregory M. Feary, Craig J. Helmreich, Andrew K. Light, Nathaniel G. SaylorThe way transportation companies conduct business today is changing quicker than ever, with technology presenting new opportunities and challenges. The Scopelitis Firm actively follows these changes and frequently assists newly-formed, technology-based transportation companies and established companies that seek to adopt new technologies to enhance their existing business model.
Transportation Industry News & Trends