Truckers sue over access to Los Angeles-area ports
Lawyer Blogs
A trade group representing truckers filed a lawsuit claiming plans to clean up the air around the twin ports of Los Angeles and Long Beach place unfair restrictions on their members.
In the lawsuit filed Monday in U.S. District Court, the American Trucking Associations said it does not oppose efforts to clean up the air but is concerned that other measures in the plans violate federal laws by unfairly regulating prices, routes and services.
The lawsuit claims the regulations favor bigger trucking companies over independent truckers and limit the number of trucks allowed to enter the ports, reducing market competition.
Truckers must agree to the plans to retain access to the ports after Oct. 1.
"It's a barrier to entry," said Curtis Whalen of the Intermodal Motor Carriers Conference, an affiliate of the 37,000-member association. "We don't think the ports have the legal ability to do that."
The association wants the court to permanently restrict the plans from being implemented.
Defendants named in the lawsuit include the cities of Los Angeles and Long Beach along with their harbor departments and commissions.
"We feel that the program is legally defensible and we see no problem in continuing to move forward with this plan," said Lee Peterson, a spokesman for the Port of Long Beach.
Both cities passed plans earlier this year aimed at reducing truck pollution at the ports by as much as 80 percent. The plans would require trucks to meet tougher 2007 federal emissions standards by Jan. 12, 2012, along with a $35 cargo fee to pay for the newer, cleaner-running trucks.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.