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Energy, Utilities, Telecommunications, and TransportationThe newsletter of the ISBA’s Section on Energy, Utilities, Telecommunications & Transportation Law

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Newsletter articles from 2000

ADA claimant must request reasonable accommodation By William D. Brejcha February 2000 The U.S. Court of Appeals in Chicago affirmed a trial court's summary judgment in favor of an employer and against a former employee in an Americans With Disabilities Act case brought under 42 U.S.C. § 1201 in Robin v. Espo Engineering Corp., No. 98-3909 (served 1/13/00).
Appellate court upholds $2.3 million jury verdict In owner operator class action suit By William D. Brejcha September 2000 The Illinois Appellate Court has upheld a jury verdict for $2.3 million dollars in an owner operator class action lawsuit that was brought against a motor carrier.
Carmack claim against motor, rail carriers dismissed due to late shipper claim By William D. Brejcha September 2000 In LTA Group v. J.B. Hunt Transport, Inc., 101 F.Supp. 2d 93 (N.D.N.Y. 6/21/00), the United States district court for the Northern District of New York granted the defendants' motions for summary judgment on a shipper/freight forwarder's Carmack Amendment claim against both a motor and rail carrier due to the shipper's failure to file timely loss and damage claims.
District court holds broker subject to cargo damage suit, but enforces limitation of liability from shipping documents By William D. Brejcha May 2000 In Commercial Union Insurance Co. v. Forward Air, Inc., 1999 Fed. Car. Cases ¶49,240 (U.S. Dist. Court, S.D.N.Y., 6/14/99), the District Court denied in part and granted in part the defendant's Motion for Summary Judgment.
District court refers broker/ carrier dispute to DOT under primary jurisdiction and then takes the case back when DOT refuses to act! By William D. Brejcha May 2000 Phoenix Assurance Company v. K-Mart Corp., 977 F.Supp. 319 (D.N.J. 1997) was another cargo loss and damage case involving property brokers.
FMCSA issues new rules for motor carrier numbers, names and reports By William D. Brejcha September 2000 All motor carriers need to know about a new final rule the Federal Motor Carrier Safety Administration ("FMCSA") adopted on June 2, 2000. This new rule became effective on July 1, 2000.
Illinois Court OOIDA’s challenge to Illinois Motor Fuel Use Tax Act By William D. Brejcha February 2000 On December 2, 1999, the Circuit Court of Cook County, Illinois rejected a constitutional attack on the Illinois Motor Fuel Use Tax Act, 35 ILCS 505/13a, in Owner-Operator Independent Drivers Association ("OOIDA") v. Bower, 99 CH-02632, on a number of grounds.
Illinois unemployment insurance agency announces trucking industry audit By Dennis J. Duffy February 2000 In October, 1999, the Illinois Department of Employment Security (IDES) initiated a one year audit program targeting trucking companies in Illinois for compliance with the owner-operator/independent contractor employment exemption, as codified at 820 ILCS 405/212.1
Liability issues stemming from the use of owner-operators By Timothy W. Wiseman February 2000 Over the past two years, there have been several class action lawsuits filed across the country against various motor carriers for alleged unfair and illegal leasing practices.
No consequential damages on Carmack Amendment claim By William D. Brejcha September 2000 The U.S. district court for the Northern District of Illinois recently issued an important decision in Linc Equipment Services, Inc. v. Signal Medical Services, Inc., 1999 WL 1144919 (N.D.Ill. 12/2/99).
No federal jurisdiction over broker claim for unpaid freight charges By William D. Brejcha May 2000 In S&B Transportation Inc. v. Allan Distributors, 1999 Fed. Car. Cases ¶84, 104 (E.D.N.Y. 3/30/1999), the U.S. district court dismissed a broker's freight charge collection suit relating to interstate transportation for lack of federal jurisdiction.
OSHA remedy preempts truck driver’s wrongful discharge claim By William D. Brejcha May 2000 The U.S. Court of Appeals for the Sixth Circuit has affirmed the dismissal of a truck driver's common law wrongful discharge claim in Barlow v. The Martin-Brower Company, 2000 U.S. App. LEXIS 443 (6th Cir., 1/5/2000).
Transportation law significance of negligent hiring claim By William D. Brejcha September 2000 The Illinois Appellate Court's recent decision on the issue of negligent hiring in Strickland v. Communications & Cable of Chicago, 304 Ill. App. 3d 679, 710 N.E. 2d 55 (First Dist., 1999) is an important decision not only for purposes of employment law, but also for purposes of transportation law for the reasons detailed below.
U.S. District Court addresses broker cargo liability issues By William D. Brejcha May 2000 The pending U.S. District Court action in Custom Cartage, Inc. v. Motorola, Inc. is providing well reasoned and important transportation law opinions addressing a number of issues, including broker responsibility for cargo loss and damage claims.
Using watershed partnerships to manage source water quality By Daniel J. Kucera February 2000 Under the current legal regulatory scheme, water utilities are responsible to treat source water to specified standards, regardless of the cause of any contamination in the source water.