Constantine Cannon combines its deep expertise in competition law and extensive knowledge of administrative practice to provide its clients with creative solutions to the unique challenges facing the transportation service industries.
Our attorneys thoroughly understand the underlying economics of transportation and modern global supply chains and have deep experience litigating complex cases in court and before administrative agencies.
We represent both plaintiff and defense-side cases. Our team has the skill and versatility to address civil, criminal, and administrative matters for transportation sector clients.
How We Serve Clients
Constantine Cannon works with clients to achieve their goals and solve their problems. We provide counseling to help transportation clients open new markets, reduce risk, and avoid the time and cost of litigation or regulatory actions.
When litigation does occur, our team brings extensive litigation and trial experience to the table on behalf of our clients bringing or defending a case. We are prepared from day one to take cases through trial, whether in court or before regulatory agencies.
We also help clients navigate complex government investigations, including high-stakes criminal cases where company executives may face significant fines and/or jail time.
How We Obtain Results
Examples of our work in the antitrust transportation sector include:
- All Nippon Airways. Constantine Cannon represented All Nippon Airways (ANA) in the U.S. government’s criminal antitrust investigations of the air cargo and passenger air transportation industries, and in multiple civil class action lawsuits filed against ANA and other airlines. The government’s criminal investigations were resolved without incarceration of any ANA employees, and the firm defended ANA in the consolidated class action In re Transpacific Passenger Air Transportation Antitrust Litigation in the U.S. District Court for the Northern District of California.
- Intermodal Motor Carriers Conference of the American Trucking Associations. Constantine Cannon represents the Intermodal Motor Carriers Conference of the American Trucking Associations (IMCC) in an administrative proceeding before the Federal Maritime Commission against 11 of the largest ocean container carriers in the world, the Ocean Carrier Equipment Management Association (OCEMA), and Consolidated Chassis Management.
- American Trucking Associations. Constantine Cannon represented the American Trucking Associations (ATA) in litigation before the U.S. District Court for the Central District of California and the U.S. Court of Appeals for the Ninth Circuit, seeking to enjoin rules adopted by the city-owned Port of Los Angeles that imposed criminal penalties on private port terminal operators if they dealt with motor carriers that had not obtained a discretionary “concession” from the Port. The concession program sought an “economic transformation” of port trucking and mandated compliance with a long list of requirements, including a prohibition against motor carriers’ use of “independent owner-operators” as trucking subcontractors. On behalf of the ATA, Constantine Cannon obtained a preliminary injunction against several concession provisions and a permanent injunction against the key independent owner-operator prohibition. On appeal, the Supreme Court unanimously agreed that federal statutes preempted the placard and parking requirements.
- Seton Company. Constantine Cannon successfully represented Seton Company in its commercial contract dispute with Lear Corporation. Seton sued Lear in the U.S. District Court for the Eastern District of Michigan for breaching its contract to buy leather from Seton for automotive seats Lear manufactured for General Motors Corporation. Constantine Cannon won a trial verdict for Seton Company that resulted in a recovery of more than $36 million for its client, one of the top 50 jury verdicts of the year. Constantine Cannon successfully defended that verdict on appeal in the U.S. Court of Appeals for the Sixth Circuit.
A Leader in Transportation Issues
Constantine Cannon’s lawyers are thought leaders on issues related to antitrust in the transportation sector including the recent developments surrounding the Ocean Carriers’ Antitrust Exemption and antitrust concerns relating to supply chains:
Contact us to learn more about our transportation practice.
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