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 Patrick Burnson, Executive Editor
November 19, 2010 - LM Editorial

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

image
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 .(JavaScript must be enabled to view this email address).


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!

Recent Entries

APICS and ASTL said they have signed off on an agreement in which AST&L will merge with APICS upon ratification by an AST&L member vote.

The average price per gallon of diesel rose 4.3 cents to $2.854 per gallon, following gains of 3.1 cents and 2.6 cents, respectively, the previous two weeks for a cumulative ten cent gain over the last three weeks.

The index ISM uses to measure non-manufacturing growth—known as the NMI—was 57.8 in April which was 1.3 percent above March and also 0.5 percent above the 12-month average of 57.3. Economic activity in the non-manufacturing sector has grown for the last 63 months, according to ISM.

Non asset-based 3PL XPO Logistics reported solid first quarter earnings last night, with total gross revenue seeing a 148.9 percent annual gain at $703.0 million and net revenue up 349.0 percent to $262.2 million. Despite the significant gains in total gross revenue and net revenue, the company had a $14.7 million quarterly net loss, which marked an improvement compared to a $28.3 million net loss a year ago.

So far, so good may be the best way to describe the current state of progress in the negotiating process regarding the announcement made last month by FedEx that it plans to acquire Netherlands-based TNT-NV and a provider of mail and courier services and the fourth largest global parcel operator for $4.8 billion.

About the Author

Patrick Burnson, Executive Editor
Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review. Patrick covers 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. Contact Patrick Burnson

Comments

Post a comment
Commenting is not available in this channel entry.


© Copyright 2015 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA