 | Weekly Opinion Summaries
Transportation Cases |  | | January 20-26, 2012 FindLaw.com Weekly Transportation Newsletter | | You may forward this e-mail in its entirety.
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Transportation Cases United States First Circuit, 01/26/2012
Lopez & Medina Corp. v. Marsh USA, Inc., No. 10-1702
On appeal of a rejected cross-motion for summary judgment that argued that an insurance policy's coverage expressly applied to an airline's underlying claims for damages arising from the insured's failure to provide air transportation, as contractually required, to the airline's passengers, the district court's order denying the motion is affirmed, as the phrase "legally obligated to pay as damages" in a commercial general liability policy, which usually covers only tort claims, does not also provide coverage for claims in an underlying action arising out of and related to a contract between the parties. Read more... United States Third Circuit, 01/24/2012
Mabey Bridge & Shore, Inc. v. Schoch, No. 11-1406
In a suit by a corporation engaged in the business of supplying temporary steel bridges for construction projects, seeking a declaration that the Pennsylvania Steel Products Procurement Act, as interpreted and enforced by the Pennsylvania Department of Transportation (PennDOT), is unconstitutional, and requesting a preliminary and permanent injunction enjoining PennDOT from prohibiting the use of the company's temporary bridges on its projects, the district court's grant of summary judgment against the company on all its claims is affirmed, where: 1) the state Steel Act was not preempted by the federal Buy America Act and related federal regulations; 2) the Steel Act is not unconstitutional under the dormant Commerce Clause; 3) PennDOT's actions did not violate the Contract Clause; and 4) PennDOT's application of the Steel Act did not violate the Equal Protection Clause. Read more... California Court of Appeal, 01/25/2012
Vitkievicz v. Valverde, No. B229605
In a challenge to the temporary revocation of a driver's license, the trial court's dismissal of a petition for writ of mandate after the sustaining of a demurrer without leave to amend is affirmed, where: 1) the petition was not timely filed; and 2) regardless of whether the demurrer was timely filed, the trial court in the interests of justice could rule on the merits of the statute of limitations defense, and any procedural defect with respect to such an untimely pleading does not affect the substantial rights of the parties and therefore is not grounds for reversal. Read more...
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