On May 13, 2025, the Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for David Fink, nominee for Administrator of the Federal Railroad Administration (FRA). Led by Senator Ted Cruz, the hearing spanned two hours and focused on Fink’s industry background, safety record, and priorities for the FRA.Continue Reading Senate Committee Holds Confirmation Hearing for FRA Administrator Nominee David Fink
Autonomous Commercial Vehicles Now Come “Heavy-Duty” If New California DMV Law Passes
Autonomous heavy-duty motor vehicles — those with a gross weight of 10,001 pounds or greater — to date have been barred from public roadways in California. This will change if newly proposed California DMV regulations take effect.
The proposed regulations include several notable changes and perhaps most notable among them is the opportunity for providers of autonomous heavy-duty vehicles to apply for a permit to operate through testing or deployment.Continue Reading Autonomous Commercial Vehicles Now Come “Heavy-Duty” If New California DMV Law Passes
Upcoming FRA Nomination Hearing
On May 13, 2025, at 10:00 AM ET, the Senate Committee on Commerce, Science, and Transportation, chaired by U.S. Senator Ted Cruz, will hold a nominations hearing that will address key nominations for the Federal Railroad Administration (FRA), Amtrak’s Board of Directors, and the Department of Commerce. Among the nominees is David Fink, who has
Rail Derailment Trial Update: Jury Finds GATX Not Liable
On Wednesday, April 23, an Ohio jury decided that GATX is off the hook for helping Norfolk Southern (NS) pay for the $600 million settlement with residents of East Palestine.
This case stemmed from a $600 million settlement tied to the NS derailment in East Palestine, Ohio. While OxyVinyls already settled, the jury was left
Argument About Uninjured Class Members Goes Before the Supreme Court
On April 29, 2025, the U.S. Supreme Court heard oral argument about whether federal courts may certify a Rule 23(b)(3) class seeking damages when some of the class members lack Article III injury. To learn more, please read our Client Alert Supreme Court Hears Argument About Uninjured Class Members and for more background information, please
Rail Derailment Trial Update: GATX and OxyVinyls Say “Case Closed”
Norfolk Southern (NS) rested its case on April 11. Both GATX and OxyVinyls have now moved for judgment as a matter of law.Continue Reading Rail Derailment Trial Update: GATX and OxyVinyls Say “Case Closed”
Rail Derailment Trial Kicks Off: Who Pays For East Palestine?
A high-stakes jury trial is underway in Ohio federal court to determine whether GATX and OxyVinyls should reimburse Norfolk Southern (NS) for some or all of a $600 million class-action settlement tied to the 2023 East Palestine derailment.
The Backstory
- In April 2024, NS agreed to the class payout after months of litigation over the derailment that led to chemical fires and allegations of widespread community harm. NS brought OxyVinyls and GATX into that mass litigation before it settled with the plaintiff class. Now, NS wants GATX (owner of the tank car with the failed wheel bearing) and OxyVinyls (shipper of the chemicals) to foot the bill.
Continue Reading Rail Derailment Trial Kicks Off: Who Pays For East Palestine?
Michigan Supreme Court Asked To Clarify 2023 Requirement Contracts Ruling in Airboss
For a discussion of recent cases regarding enforceability of automotive supply contracts, read our Client Alert Release-By-Release? The Michigan Supreme Court Is Asked To Clarify 2023 Requirement Contracts Ruling in Airboss.
DOT Reverses Course and Rescinds Policy Memos Related to Infrastructure Projects
The U.S. Department of Transportation (DOT) has rescinded Biden-era memorandums from the Federal Highway Administration (FHWA) that prioritized infrastructure projects with social justice and climate goals, aligning with the Trump administration’s policy direction. U.S. Secretary of Transportation Sean Duffy stated these memos lacked statutory basis and will no longer influence DOT programs. Critics of the earlier policies had noted that the policy prioritized infrastructure projects intended to maintain or upgrade existing roads, highways, and bridges rather than new construction. This will also give states more autonomy in prioritizing funding allocations. Continue Reading DOT Reverses Course and Rescinds Policy Memos Related to Infrastructure Projects
Personnel Cuts Hit NHTSA
The National Highway Traffic Safety Administration (NHTSA) has started its part of the workforce reduction process launched by the new Administration, as media reports the agency has laid off 4% of its staff and is expected to eventually reduce its overall workforce by 10%.Continue Reading Personnel Cuts Hit NHTSA