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

Even as Congress was putting the finishing touches on a 10-month short-term funding extension to the federal aid highway bill that temporarily averts a funding crisis, Transportation Secretary Anthony Foxx was ripping the measure as a short-term “gimmick” that once again fails to adequately fund U.S. infrastructure needs in the long run.

ISI is comprised of Integrated Services, ISI Logistics and ISI Logistics South and is focused on the warehousing and transportation needs of automotive shippers. RRTS said that in 2013, Integrated Services generated revenues of approximately $21 million adding that Integrated Services is expected to be accretive to Roadrunner’s earnings in 2014.

The market for supply chain management software continues to expand, highlighting the importance of software in today’s supply chains.

Over the past five years emerging markets have maintained their “growth dynamic,” observes John Manners-Bell, CEO, of the London-based think tank Transport Intelligence (Ti).

Amid the talk and coverage about things negatively impacting the trucking industry like increasing regulations, tight capacity, and equipment-related issues and challenges, there is one thing to always remember about the sector: it moves a lot of freight, make that more than a lot, actually.

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 2013 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA