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Note below the Recommended Reading post, with 7 entries linked to write-up by other lawyers or agency ex-officials.
A. TRANSPORT MODE.
- REMARKS / U.S. Court of Appeals for the Federal Circuit rules that “sensitive security information” (“SSI”) Transportation Security Agency did NOT violate federal air marshal’s constitutional right to due process by designating specified information as “SSI” only AFTER air marshal had disclosed it to a reporter – and because the SSI regulation does not include an intent element, his subjective belief that such disclosure was not prohibited did NOT exonerate him from violation. Comment: This case is a key example of the fact that prohibitions against unauthorized SSI disclosure are strong indeed.
- REMARKS / Complaint filed with Federal Maritime Commission (FMC) against a third party logistics company that is an NVOCC (non-vessel common carrier) by manufacturer of computer storage devices for (1) “billing amounts in excess of lawful tariff”, (2) “charging [complainant] rates greater than those it charged other shippers” in violation of the Shipping Act, and (3) what amounts to “hiding” the NVOCC’s tariffs and rates schedules so that it’s easier for the NVOCC to overcharge the shipper. Comment: Item 1 amounts to a breach of contract, especially when taken in connection with Item 3 – which could be brought in a court of general jurisdiction as an alternative to the specialized agency having jurisdiction over claims under the Shipping Act. Item 2 relates to a substantive limit on pricing imposed by the Shipping Act.
B. TRANSPORT POLICY TOPICS.
Carmack Amendment (Damage to Freight)
- REMARKS / Court case deciding pretrial motion about what evidence should be allowed at upcoming trial relating to damage to freight – one issue: Does parking a truck rig on consignee railroad’s tracks amount to “delivery” under Carmack? Comment: Seriously? “Delivery?” Isn’t this claim more like the drunk who denied smoking in bed: “It was on fire BEFORE I got into it”. Well … I think the point here is not that “delivery” (if it was that) was well done, but that it happened in any way, shape or form.
- REMARKS – Government Accountability Office issues report to Congress “TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL: Card Reader Pilot Results Are Unreliable; Security Benefits Need to Be Reassessed”. COMMENT: Devastating criticism of the Department of Homeland Security’s handling of this program, its testing data and now of its very premise.
C. AGENCY INITIATIVES.
No post this week.
D. TOPICS BY LEGAL DISCIPLINE.
No post this week.