Transportation Law
Dave Schmitt Secures Summary Judgment for BNSF Railway in Two Separate Toxic Tort Lawsuits
Dave Schmitt, a partner at Lamson Dugan & Murray LLP, secured summary judgment for BNSF Railway in two separate toxic tort lawsuits. The United States District Court for the District of Nebraska dismissed both cases finding they were time-barred by FELA’s three-year statute of limitations, 45 U.S.C. § 56. In [...]
A Cautionary Tale
Every pilot who holds a medical certificate has at one time filled out Form 8500-8. Form 8500-8 is the form we all fill out when we apply for medical certificates. Form 8500-8 asks us, among other things, to disclose whether we have ever been diagnosed with a series of medical [...]
District Court Holds that 49 U.S.C. § 44112 preempts state tort claims
The United States District Court for the Northern District of Illinois recently held that a provision of the Federal Aviation Act, 49 U.S.C. § 44112, preempted state law negligence and strict liability claims brought against a former owner of an aircraft by the heirs of people who died in a [...]
Nebraska Supreme Court Holds that Airplanes are Subject to Sales and Use Tax
In July 2021, the Nebraska Supreme Court decided an important case on the Nebraska sales and use tax and how it is applied to aircraft. In the case, Big Blue Express, Inc. v. Neb. Dep’t of Rev., 309 Neb. 838 (2021), the supreme court concluded that the “sale for resale” [...]
Nebraska Federal Court Grants Summary Judgment on Statute of Limitations in FELA Toxic Action
In Anderson v. Union Pac. R.R., 7:18-cv-5010 (July 6, 2020), the Nebraska federal court granted the defendant railroad’s motion for summary judgment on the statute of limitations in a toxic action filed under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. The plaintiff filed the action on August [...]
The Importance of Securing Medical Records Before Taking a Plaintiff’s Deposition
In a personal injury case it is important to secure all of the plaintiff’s medical records before taking a plaintiff’s deposition. Medical records are important to determine the nature and extent of the claimed injury. Reviewing medical records in detail will provide insight whether a plaintiff complained of the same [...]
About the Blog
LDM’s Transportation Blog provides topical commentary on issues affecting the industries served by LDM’s Transportation attorneys. Whether it is a new Advisory Circular from the Federal Aviation Administration or a new rule enacted by the Federal Railroad or Highway Administrations, the mission of this page is to flag these legal issues, rulings, and regulations to aid in operations and compliance.
We know that small differences in facts can make big differences in appropriate legal advice. Nothing in any of these blog posts should substitute for having a thorough discussion with an attorney who can ask appropriate follow-up questions and focus on your unique situation. We would love to speak to you about your case. Nothing in these posts creates an attorney-client relationship between you and LDM. Please call us to discuss your transportation issues. We can help!