ATA Seeks Summary Judgment in L.A. Port Case

American Trucking Associations has filed to seek summary judgment in its challenge to the Port of Los Angeles’ concession plan for port truckers.

ATA said late Tuesday it 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.

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.

The court is scheduled to hear the ATA motion and the Port’s cross motion for summary judgment Monday, with a decision expected shortly thereafter.

Legal issues requiring further factual development will be the subject of a trial beginning in mid-March, ATA said.