{"title":"Precluding discovery of preventability determinations in trucking accidents","authors":"Patrick E Foppe","doi":"10.22237/jotm/1530446760","DOIUrl":"https://doi.org/10.22237/jotm/1530446760","url":null,"abstract":"The discoverability and admissibility of post-accident “preventability” determinations by trucking companies is often much disputed in truck accident cases. It is well known that Plaintiff’s attorneys will try to construe a trucking company’s classification of an accident as “preventable” as an admission of fault during the course of a lawsuit. However, statements made by the FMCSA provide significant support to a trucking company’s efforts to preclude discovery or admission of preventability determinations in a lawsuit. This articles explores these issues.","PeriodicalId":242296,"journal":{"name":"Journal of Transportation Management","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133289623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Safety fitness determinations: what is FMCSA measuring?","authors":"M. J. Andrews","doi":"10.22237/JOTM/1541030580","DOIUrl":"https://doi.org/10.22237/JOTM/1541030580","url":null,"abstract":"Big Data and regulatory \"Improv\" are drowning due process","PeriodicalId":242296,"journal":{"name":"Journal of Transportation Management","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122588205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International passenger transportation:\u0000status of the refugee-related passenger transportation ban after Fourth Circuit Opinion","authors":"Kevin A. Diehl","doi":"10.22237/JOTM/1530403440","DOIUrl":"https://doi.org/10.22237/JOTM/1530403440","url":null,"abstract":"The majority opinion of the Fourth Circuit US Court of Appeals in International Refugee Assistance Project v. Trump is one of the more important refugee transportation rulings in a number of years. It is likely to be a very important precedent regarding refugee travel transportation (Executive Orders (EOs) 13769 and 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States”). At this writing it is not certain what the future direction of these bans will be, but it would appear that the Fourth Circuit ruling will hold considerable sway. This paper discusses these EOs’. Procedurally, Chief Judge Gregory and Judges Diaz, Floyd, Harris, King, and Wynn formed the majority. Judges Traxler, Keenan, and Thacker wrote concurring opinions. Judges Niemeyer, Shedd, and Agee composed dissenting opinions.","PeriodicalId":242296,"journal":{"name":"Journal of Transportation Management","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121599218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}