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

A mixed bag may be the most appropriate way to characterize the current state of manufacturing based on the most recent edition of the April edition of the Manufacturing Report on Business issued by the Institute for Supply Management today.

The Department of Transportation’s Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration (FRA) issued its long-awaited Final Rulemaking for “Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains.”

U.S. carloads were down 1.6 percent at 278,294 carloads, and intermodal volume was up 5.6 percent at 279,0123 containers and trailers.

Even though the immediate prospects of a long-term federal surface transportation authorization remain dim, various media reports suggest that at least short-term help could be on the way.

For anyone not sold on the ongoing impacts of e-commerce on logistics and supply chain operations, comments by some influential industry executives at the recent National Shippers Strategic Transportation Council (NASSTRAC) Conference and Transportation Expo definitely would help change that train of thought.

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