Trucking and Transportation
Kean Miller LLP represents numerous industry clients and independent trucking companies in a wide variety of trucking and transportation issues. We have experience in accidents and collisions, truck roll-over incidents, chemical spills, class action litigation defense, crashworthiness, loading and operations, discharges, employment, contract driver issues, breach of contract, and in business, corporate and finance activities. In addition, we represent the Louisiana Motor Transport Association with regard to legislative issues and in state and local tax matters. From I-10 to I-12, from U.S. 190 to I-49, from River Road to I-20, Kean Miller LLP has the legal resources to handle almost any issue related to trucking and transportation law in Louisiana.
- Representation of chemical transport company and its former parent company in connection with a truck roll-over and chemical spill incident and resulting class action litigation. The accident involved a spill of 2000 gallons of molten sulphur in Baton Rouge, Louisiana resulting in over two-thousand claims by area residents for personal injury, fear and fright, and inconvenience.
- Representation of the owner of a tube trailer in a wrongful death suit involving issues relating to crashworthiness of design of the trailer for use with an 18-wheeler, federal safety regulations and other laws on the construction and design of tube trailers.
- Representation of one of the world’s largest forest products companies for over 20 years in all manner of trucking related issues including loading, operations, tanker trucks, discharges, and limits on drivers.
- Representation of a Tennessee-based fertilizer and farm chemical company with regard to all of their activities in Louisiana, including automobile and trucking accidents. Our representation includes defense of lawsuits involving accidents with passenger pick-up trucks, mid-size delivery trucks, accidents involving tractor trailers, and wrongful death claims.
- Representation of the trucking subsidiary of an international leader in industrial and medical gases in connection with a multi-car accident on the interstate system in Louisiana, and in separate incidents with regard to accidents involving one-half ton trucks.
- Representation of one of the world's largest makers of wastewater treatment chemicals in defending a breach of trucking contract lawsuit.
- Representation of chemical transport company with regard to an accident and resulting chemical spill, and in the class action litigation that followed. The incident involved a spill of 2400 gallons of "heavy ends" from ethylene dichloride on Interstate 110 in Baton Rouge, Louisiana resulting in more than 4,000 claims by area residents for personal injury and fear of cancer.
- Representation of several regional and national trucking firms with regard to casualty insurance claims for accidents and other vehicle operation claims.
- Representation of a chemical transport company in a mass tort case filed by citizens in a small rural community. The case involved the alleged disposal of wash rack tank risings and transport materials at a hazardous waste injection well.
- Representation of a multi-state cooperative of retail grocers with regard to the remediation issues with the Louisiana Department of Environmental Quality arising from a gasoline spill at their on-site fueling facility.
- Representation of the Louisiana Motor Transport Association (LMTA) in connection with tax and liability issues, legislative drafting, committee testimony and floor lobbying. We recently assisted the association with a major case involving the imposition of a public utilities tax in the trucking industry, including a settlement resulting in millions of dollars being refunded to the members of the industry and in connection with federal preemption challenges to taxes levied on members.
- Representation of Louisiana Motor Transport Association (LMTA) in connection with legislation and regulations concerning the imposition of sales taxes on trucks operating in interstate commerce.
State and Local Tax:
- Representation of 29 trucking companies and the Louisiana Motor Transport Association on the application of the Transportation and Communications Tax to deregulated trucking operations. The Transportation and Communications Tax on most trucking operations was ultimately repealed as a result of the dispute.
- Representation of a trucking company and coordination of amicus curae parties in connection with a demand for ad valorem property taxes on component parts of trucks.
- Representation of trucking companies in connection with sales and use tax audits.
Labor and Employment:
- Preparation of drug and alcohol drug testing policies to conform with the new Department of Transportation and FMCSA regulations for a Baton Rouge trucking and distribution company.
- Counsel and advice to intrastate and interstate common carriers on regulatory compliance matters, including obtaining authority from the Louisiana Public Service Commission to provide transportation services in Louisiana.
- Representation of a trucking company in a dispute with the state of Louisiana in connection with a licensure dispute.
- Representation of a statewide timber trucking operation regarding the use of the parish road system relating to load limits and opposition to fines and levies for alleged violations.
Business and Corporate:
- Representation of a shareholder in the sale of the stock of a freight forwarding/broker business.
- Representation of manufacturing facilities in numerous rail, truck, marine and inter-modal freight transportation agreements.
- Document and lease preparation for a national trucking firm, and in securing property for a truck depot and other related transactions.
- Representation of an interstate transportation refueling and supply company in obtaining financing from a major lender. Our representation included the re-negotiation and drafting of leases and land use agreements involved with the project, and negotiation of the loan and security agreements with the lender.