Transportation - Overall

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“There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.”

The late Supreme Court Justice Antonin Scalia authored this line in his majority opinion for United States v. Jones, 565 U.S. 400 (2012), a case in which Justice Scalia—a contextualist who often argued that citizens have no Constitutional right to privacy—stated that attaching a GPS tracker to a vehicle was a violation of the Fourth Amendment and, indirectly a violation of the privacy of an ordinary citizen. In making this statement, Justice Scalia and the majority touched on an ongoing, rhetorical question at the intersection of transportation and the law that states are still grappling with thirteen years later: what rights to privacy do citizens have on public roadways?Continue Reading Big Data v. the Individual’s Right to Privacy on the Road

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Crowell has reported before on important ripples in commercial contract law centered on what counts as the enforceable contract between automotive product buyers and sellers. In its 2023 opinion in MSSC Inc. v. Airboss, the Michigan Supreme Court found that a master supply agreement was not enforceable, as opposed to the individual release orders issued under those agreements. Courts and industry have been left to grapple with the significant implications since.Continue Reading What’s The Contract? The Debate Continues In Michigan, with Consequences Beyond

Researchers have identified a new wave of cybersecurity attacks against European drone makers by the Lazarus Group, a well-known and sophisticated threat actor group, allegedly sponsored by the North Korean government.

This campaign is the latest iteration of “Operation DreamJob,” a long running series of social engineering and malware operations, designed to exfiltrate proprietary information…

On October 3, 2025, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025), taking on the question of whether federal law preempts state negligent selection claims against brokers. This marks a significant development in the ongoing circuit split over the reach of the Federal Aviation Administration Authorization Act (FAAAA) and its “safety exception.”

The Supreme Court’s review signals that much-needed clarity may soon be available for brokers, carriers, and litigants nationwide. As discussed in our earlier post, the Sixth and Ninth Circuits have allowed negligent selection claims under the safety exception, while the Seventh and Eleventh Circuits have found such claims preempted. The Court will now determine whether state-law negligence claims against brokers are barred by federal law.Continue Reading Supreme Court Puts the Brakes on Preemption Uncertainty

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After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). 

In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.

On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.Continue Reading CPSC Commissioner Nominated

The U.S. Consumer Product Safety Commission (CPSC) issued its Lapse Plan in advance of the federal government shutdown. The CPSC will furlough 35% of full-time employees, with the overwhelming majority of those retained focused on “protect[ing] life and property.” Under the Lapse Plan, consumer-oriented programs and, notably, civil penalties, will pause for the duration of…

On June 27, in Trump v. Casa, the Supreme Court held that federal courts lack equitable authority to issue “nationwide”—or, using the Court’s preferred parlance, “universal”—injunctions. To learn more, please read our Client Alert Trump v. Casa: Nationwide Injunctions And The Class Action Loophole.

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The European Commission has for the first time issued informal guidance under its revised 2022 Notice relating to “novel and unresolved” competition law questions. The two guidance letters, issued on July 9, 2025, both concern the transport sector. The first letter addresses a sustainability agreement aimed at reducing CO2 emissions in European ports by facilitating…

Please listen in as hosts Nicole Simonian and Dj Wolff, co-chairs of Crowell’s International Trade Group, and featured guest Dan Wolff, a Transportation, and Litigation and Trial partner, review and consider the impact of the Court of International Trade’s recent decision on the tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA).

Global…

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On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. As a result of the Court’s dismissal, a federal circuit split on the inclusion of uninjured class members in Rule…