North Carolina General Assembly Update: Insight from Kilpatrick Townsend & Stockton LLP

The North Carolina General Assembly recently witnessed a significant update this September, according to a report by Kilpatrick Townsend & Stockton LLP. KTS Strategies, a branch of the firm with extensive experience in various industries, is known for its comprehensive policy and advocacy advice across federal, state, and local agencies. In North Carolina, they provide…

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Limitations of FAA’s Transportation Worker Exemption in Business-to-Business Contracts

In a recent development, the Federal Arbitration Act’s (FAA) “Transportation Worker” exemption has not been deemed applicable to contracts between businesses. According to a report published on JD Supra, this results from a dispute that occurred between Amazon and one of its “delivery service partners.” Amazon, post this dispute, sought to compel arbitration following an…

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Midwest Employers Face New ADA Obligations Tied to Employee Transportation Accommodations

In an essential update regarding employment practices and the Americans with Disabilities Act (ADA), an emerging legal shift has been observed in the Midwest United States. Employers working in Indiana, Illinois, and Wisconsin have a new regulation to contend with: accommodating an employee’s transportation issues if they stem from a disability. This new obligation arises…

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EEOC Allegations Highlight Workplace Discrimination and Need for Robust Anti-Discrimination Policies

In a recent turn of events, U.S trucking entities TA Dedicated, Inc., conducting business under the name Transport America, and TForce TL Holdings USA, Inc., also known as Transportation Enterprise Services, have been accused of contravening federal laws by the U.S. Equal Employment Opportunity Commission. The federal agency’s allegations include claims that the companies indulged…

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EEOC Sues Trico Transportation for Alleged Disability Discrimination in Hiring Decision

In a recent development, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Trico Transportation Services, Inc. The logistics management and specialty hauling company has been accused of violating federal law by declining a job seeker due to his prior history of back pain. The commission alleges that the company wrongfully rescinded…

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Unveiling OMB’s Final Guidance on BABA Act: Impact on Infrastructure Projects and US Manufacturing

The federal government has recently released highly anticipated guidance on the Build America, Buy America (BABA) Act requirements encompassed in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA). The White House Office of Management and Budget (OMB) published its definitive BABA guidance on August 14, 2023, taking effect as of October 23, 2023. This…

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EPA’s Final Rule: Clarifying Section 401 and Streamlining the Water Quality Certification Process

The United States Environmental Protection Agency (EPA) has recently announced a Final Rule that it deems the Clean Water Act Section 401 Water Quality Certification Improvement Rule. This long-anticipated final rule elucidates policies of power for the ‘Section 401’ of the Clean Water Act, providing insights into the ways environmental authorities mandate water quality. Here…

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Navigating Immigration Compliance Amid Automotive Supplier Network Strikes

Following the recent expiry of the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers on September 14, 2023, employers in the manufacturing sector and others within the automotive supplier network are faced with the task of ensuring compliance with immigration rules amidst a turbulent strike situation. After negotiations broke down between the…

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Navigating GSA and DoD Procurement: The Critical Role of Private Transportation and Logistics

In a recent legal primer, Benesch brings attention to the crucial role of private transportation and logistics services in enabling many government agencies to fulfill their critical mission. From this perspective, the General Services Administration (GSA) frequently assumes the lead role, managing private procurement of these services. Full understanding of the GSA and Department of…

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Supreme Court Expands General Jurisdiction for Out-of-State Defendants: Impact on Transportation and Logistics

In a pivotal legal development, the Supreme Court has broadened the scope of general jurisdiction concerning out-of-state defendants. Highlighted in the case of Mallory v. Norfolk Southern Railway Co., the move represents a noteworthy shift in jurisdictional regulations. These changes directly impact defendants who have been served with a summons for a legal proceeding in…

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Demystifying the Carmack Amendment: Addressing Misconceptions in Interstate Motor Carriage Liability

There is a clear necessity for legal professionals dealing with interstate motor carriage to have a thorough grasp of the legal principles relating to the Carmack Amendment. Misconceptions about its implications abound, and these can present significant hurdles during both contractual negotiations and the resolution of cargo claims. As reported by Benesch, elementary inquiries about…

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Comparing Air Carrier Liability: The Evolution from Warsaw System to Montreal Agreement

In the realm of international law, air carrier liability provisions continue to undergo rigorous evaluations. Dating back to the inception of air travel technology, international conventions dictate the course of air carrier liability. Fundamentally, two primary regimes have carved noteworthy roles in this business: The Warsaw System and The Montreal Agreement. In 1919, we started…

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Navigating the Legal Landscape of Autonomous and Electric Mobility Technologies

Welcome to the September 2023 edition of ‘The On-Ramp’, a newsletter dedicated to exploring the legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging mobility technologies, and electrification. This newsletter, curated by Venable’s Autonomous and Connected Mobility team, keeps a keen eye on the latest happenings around these topics, from the…

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FMCSA Proposal on Meal and Rest Break Laws Poses Legal Whiplash for Transportation Industry

In the ever-evolving sphere of transportation services, predictability and uniformity are not always guaranteed. Large-scale providers and commercial users of these services rely heavily on national laws and regulations to support the robust and reliable supply chains vital to a bustling economy. However, this reliance often falls prey to outside factors, as underlined by a…

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NNCO Symposium Explores Enabling the Nanotechnology Revolution on 20th Anniversary

The National Nanotechnology Coordination Office (NNCO) is preparing to host a significant forum, the symposium on “Enabling the Nanotechnology Revolution”, to be held on October 10, 2023. The event is set to take place at the prestigious National Academies of Sciences, Engineering, and Medicine. As per the details provided, this much-anticipated symposium is aimed at…

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Countering Reptile Theory Tactics in Motor Transport Litigation

In recent years, a recurring issue has been plaguing motor carriers, transportation brokers, and shippers involved in high-stakes, catastrophic casualty litigation. This issue is none other than the application of Reptile theory litigation tactics, a strategy which also has started to yield nuclear verdicts. This strategy’s effectiveness and the significant challenges it imposes on defendants…

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Ocean Shipping Reform Act: Enhancing Efficiency and Empowering the FMC Amid Global Trade Recovery

International ocean shipping has undergone several notable changes in the wake of the Ocean Shipping Reform Act of 2022 (OSRA). Enacted last year, the OSRA serves as a response from U.S. Congress to empower the Federal Maritime Commission (FMC), equipping it with the necessary authority to address particular ocean transportation vulnerabilities. These vulnerabilities became significantly…

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Illinois Employers to Offer Pre-Tax Public Transit Benefits in 2024: Navigating New Legislation

Legal professionals navigating the corporate sector of Illinois should be aware of an impending legislative change. Starting January 1, 2024, a new law mandates many employers with a workforce of at least fifty full-time employees, based in the six-county Chicago area, to provide pre-tax public transit benefits. The provisions of the new statute affect a…

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