Summary judgment sought in Port of Los Angeles case

Jan. 8, 2010
The American Trucking Associations (ATA) filed its final response brief seeking summary judgment in certain aspects of its challenge to the Port of Los Angeles Concession Plan mechanism

The American Trucking Associations (ATA) 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 material facts surrounding those issues.

Among other things, ATA is asking the US 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 January 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 the final response are available on ATA's website, www.truckline.com, in the Testimony area of the Newsroom.

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