American Shipper

ATA seeks summary judgment in L.A. case

ATA seeks summary judgment in L.A. case

   The American Trucking Associations said Tuesday it is seeking summary judgment in certain aspects of its challenge to the Port of Los Angeles concession plan mechanism that is part of the port’s “clean trucks” program, including a requirement barring owner-operators.

   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.

   ATA'sseeking summary judgmentrequest for summary judgment and final response are available on its website.