American Trucking Association tries to hasten port drayage case appeal

Declaring that there could be “irreparable harm” to harbor truckers, the ATA is asking the Court of Appeals for the 9th Circuit to begin hearing the case two months earlier than scheduled.

By ·

In the wake of a recent ruling by U.S. District Court upholding the legality of the Port of Los Angeles concession requirements for motor carriers, The American Trucking Associations (ATA) is trying to expedite its appeal.

Declaring that there could be “irreparable harm” to harbor truckers, the ATA is asking the Court of Appeals for the 9th Circuit to begin hearing the case two months earlier than scheduled.

“As you know, the court earlier this month denied our request for an expedited hearing schedule on our appeal,” said Curtis Whalen, executive director of the ATA’s intermodal conference. “Yesterday we filed a motion - which was again unopposed by LA/the defendants - to reconsider.

According to Whalen, the proposed briefing and hearing schedule is:

Opening brief: December 28, 2010; Answering briefs: January 31, 2011; Reply brief: Within 14 days of answering briefs; Oral argument: May 2011.

“It is essential to the businesses that provide drayage services at the Port of Los Angeles that the present appeal be resolved on an expedited basis,” stated ATA’s legal counsel.

By doing so, counsel added, it would “minimize the irreparable harms they are facing and to bring long-overdue certainty to how they will have to conduct their business operations at the port.”

As reported in LM, U.S. District Court Judge Christina Snyder upheld the legality of the Port of Los Angeles concession requirements for motor carriers.

At the same time, though, she enjoined the requirement involving employee drivers while the case was under appeal to the 9th Circuit.

The International Brotherhood of Teamsters, meanwhile, is hoping that the appeal will fail, and it will make the port’s drayage operations the exclusive domain for union members.


About the Author

Patrick Burnson, Executive Editor
Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review magazines and web sites. Patrick is a widely-published writer and editor who has spent most of his career covering international trade, global logistics, and supply chain management. He lives and works in San Francisco, providing readers with a Pacific Rim perspective on industry trends and forecasts. You can reach him directly at [email protected]

Subscribe to Logistics Management Magazine!

Subscribe today. It's FREE!
Get timely insider information that you can use to better manage your entire logistics operation.
Start your FREE subscription today!

Latest Whitepaper
Digital Issue: The Current State of Third-Party Logistics Services
It has become quite clear that logistics professionals are now facing an unprecedented set of challenges. From tightening capacity, to ongoing regulation hurdles, to the complexity brought on by e-commerce, today’s shippers are transforming the way they manage their logistics operations.
Download Today!
From the June 2017 Issue
Here are five trends that every shipper­—and potential shipper—must watch as the demand for experienced logistics and supply chain professionals soars.
2017 Rail/Intermodal Roundtable: Volume stable, business steady
Cross-Border Logistics: NAFTA tune-up time
View More From this Issue
Subscribe to Our Email Newsletter
Sign up today to receive our FREE, weekly email newsletter!
Latest Webcast
Women in Logistics: Breaking Gender Roles to Win the War for Talent
In this session you'll hear from a panel of women who are now leading top-level logistics and supply chain operations. The panel will share their success stories as well as advice for women who are now making their way up the ladder.
Register Today!
EDITORS' PICKS
2017 Top 50 3PLs: Investment and Consolidation Maintain Traction
The trend set over the past few years for mergers and acquisitions has hardly subsided, and a fresh...
The Evolution of the Digital Supply Chain
Everyone is talking about terms like digitization, Industry 4.0 and digital supply chain management,...

2017 Salary Survey: Fresh Voices Express Optimism
Our “33rd Annual Salary Survey” reflects more diversity entering the logistics management...
LM Exclusive: Major Modes Join E-commerce Mix
While last mile carriers receive much of the attention, the traditional modal heavyweights are in...