ARLINGTON, Va. – ATA today filed its final response brief seeking summary judgment in certain aspects of its challenge to the Port of Los Angeles concession plan mechanism. Summary judgment is a procedural device that allows a court to decide some or all of the legal issues involved in a case prior to trial if there is no legitimate dispute as to the material facts surrounding those issues.
Among other things, ATA is asking the U.S. District Court to find in its favor the legal issue of whether the Port’s concession agreement has a sufficient impact on motor carrier rates, routes and services to fall within the federal pre-emption provision.
The Court is scheduled to hear the ATA motion and the Port’s cross motion for summary judgment on Jan. 11, with a decision expected shortly thereafter. Legal issues requiring further factual development will be the subject of a trial beginning in mid-March.
Both ATA’s request for summary judgment and today’s final response are available on ATA’s Web site, www.truckline.com, in the Testimony area of the Newsroom.
Dorothy Cox of The Trucker staff may be reached to comment at email@example.com.