The U.S. Supreme Court has turned down CSX Transportation’s effort to revive an antitrust lawsuit against Norfolk Southern over access at the Port of Norfolk, Virginia.
Reuters reports that the court on Monday announced it would decline to hear the case, dismissed last August by a lower court. The 4th U.S. Circuit Court of Appeals in Virginia ruled CSX had failed to act against NS (NYSE: NSC) within the four-year window for filing antitrust claims.
In a suit filed in 2018, CSX (NASDAQ: CSX)...
The U.S. Supreme Court will not review the important environmental case of Ohio vs. EPA, letting stand a Circuit Court decision widely seen as a win for California’s ability to set its own environmental standards, such as the Advanced Clean Trucks rule.
As per most instances in which the Supreme Court denies a request for a full court review, there was no further comment Monday on the court’s reasoning. However, according to the SCOTUS Blog, “Justice Clarence Thomas indicated that he would have...
California’s zero emission regulations impacting trucking will be in the background as the Supreme Court takes up the question of the ability of the federal government to issue a waiver that allows the Golden State to implement tougher environmental rules than the rest of the country.
The Court Friday agreed to grant certiorari of an appeal from Diamond Alternative Energy. Diamond is the biofuels arm of Valero Energy (NYSE: VLO), the large independent refining company that has operations in...
Class I freight railroad CSX (NYSE: CSX) has appealed to the U.S. Supreme Court to continue its antitrust lawsuit against Norfolk Southern.
Jacksonville, Florida-based CSX sued Atlanta-based Norfolk Southern in October 2018 claiming its competitor conspired with Norfolk & Portsmouth Belt Line Railroad Co. to set an excessive “switch rate” on dock access to the Port of Virginia. CSX said the switch rate of $210 per train car cost the company hundreds of millions of dollars since its...
This story originally appeared on Trains.com.
WASHINGTON — U.S. Supreme Court Justice Neil Gorsuch has recused himself from the pending case involving the Uinta Basin Railway, which is set to be argued before the court next week.
NBC News reports that lawyers involved in the case were informed of the move in a letter sent on Wednesday. The letter from Supreme Court Clerk Scott Harris said the decision was “consistent with the code of conduct” the court adopted last year, with no further...
Trucking issues don’t often make it in front of the nine justices of the U.S. Supreme Court. But on Tuesday they heard arguments in a case involving the complex legal questions surrounding truck drivers and marijuana use.
The case of Douglas Horn, a former driver with New York-based Enterprise Transportation Co., was before the court to determine whether harm he suffered as a result of his 2012 dismissal after failing a drug test – even though he did not use marijuana – qualifies for triple...
https://www.freightwaves.com/news/trucking-and-marijuana-testing-find-their-way-to-the-supreme-court
When Douglas Horn drove a truck into a ditch in 2012, he could not have imagined it was the first step in a series of events that would eventually land him in front of the U.S. Supreme Court.
The wreck left Horn with shoulder and hip injuries and aggravated existing issues with his back. Seeking relief, he looked to a CBD product derived from hemp that was advertised as not containing THC, the active ingredient in marijuana. As a driver, he had to submit to regular drug testing. A positive THC...
WASHINGTON — Freight carriers that want to challenge regulations that govern them may have received a significant boost from the U.S. Supreme Court on Friday in a decision that overturns a 40-year precedent of deference given to federal agencies.
The high court decided 6-3 to overrule the Chevron doctrine, a policy challenged in Loper Bright Enterprises v. Raimondothatrequires lower courts to defer to regulatory agencies in legal challenges of regulations that agencies have interpreted from...
https://www.freightwaves.com/news/supreme-court-ruling-could-boost-freight-carriers-legal-powers
The never-ending question of defining the employment status of a truck driver, key to battles over California’s AB5 and the U.S. Department of Labor’s recent independent contractor status regulation, was on display this week at the U.S Supreme Court.
The issue at hand wasn’t specifically whether a driver should be considered an employee or an independent contractor, but the question of the reach of the Federal Arbitration Act and its treatment of transportation workers came very close to that...
GlobalTranz wants the Supreme Court to let more time pass and possibly more legal decisions to come down before the nine justices weigh in on the question of broker liability.
That GlobalTranz would argue against the high court granting certiorari review to the appeal of Ying Ye is not surprising. Ye’s case against GlobalTranz for its actions in hiring Global Sunrise, the carrier involved in a 2017 accident that killed her husband, failed in both the U.S. District Court for the Northern District...
https://www.freightwaves.com/news/globaltranz-wants-supreme-court-to-punt-on-broker-liability-issue