The newsletter of the ISBA’s Section on Energy, Utilities, Telecommunications & Transportation Law
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Newsletter articles from 2002
Carmack preemption bars shipper’s state claims
The U.S. Court of Appeals for the Eleventh Circuit has affirmed the dismissal of state court causes of action which a couple had asserted against a motor carrier in Smith v. United Parcel Service, 2002 U.S. App. LEXIS 13972, 2002 Fed. Car. Cos. &84,242, decided July 11, 2002.
Carmack removal proper where household goods were stolen from storage
The U.S. District Court for the Northern District of California has held that removal of a state court complaint arising out of a theft of household goods from storage after a New York to California household goods move was proper in Newens v. ORNA Services, 2002 U.S. Dist. LEXIS 10685, 2002 Fed.Car.
District court enforces cargo damage liability limitation
The U.S. District Court for the Western District of Tennessee has issued an important decision concerning cargo loss and damage liability limitation in EFS National Bank v. Averitt Express, Inc., 164 F. Supp. 2d 994 (8/31/01).
District court rejects broker liability in Carmack suit
The U.S. District Court for the District of Maryland has rejected a shipper's Carmack Amendment cargo loss and damage claim against a broker in Professional Communications, Inc. ("PCI") v. Contract Freighters, Inc., 171 F.Supp. 2d 546 (D.MD 10/17/01)
Log violations fail to support damage award
The Georgia Court of Appeals has affirmed a jury verdict for a motor carrier in a personal injury case where the driver had committed log violations in Parker v. R&L Carriers, 2002 WL 203765 (GA App. 2002).
Seventh Circuit reverses ERISA award for Central States
The U.S. Court of Appeals in Chicago has reversed a sixteen million dollar ($16,000,000) withdrawal liability judgment against the owners of a bankrupt motor carrier in Central States, Southeast And Southwest Areas Pension Fund v. White, 2001 W.L. 818782 (7th Cir., July 20, 2001).
Seventh Circuit tackles Carmack jurisdictional issues in botched bedroom furniture move
The U.S. Court of Appeals for the Seventh Circuit has affirmed in part and reversed in part a trial court dismissal of a combination RICO/state fraud/ Carmack Amendment claim that arose out of a botched purchase and move of a purportedly Italian made set of walnut bedroom furniture in Pizzo v. Bekin Van Lines Company, 2001 WL 818772 (7th Cir. July 20, 2001).
Surface Transportation Board exempts non-carrier acquisition of railroad property
Surface Transportation Board (Board) Chairman Linda J. Morgan announced on May 22, 2002 that the Board has issued a decision granting the Utah Transit Authority's (UTA) motion to dismiss, as unnecessary, UTA's verified notice of exemption from Board regulation to acquire almost 63 miles of the Union Pacific Railroad Company's (UP) railroad right-of-way and certain related improvements located in Davis, Webster, Salt Lake and Utah Counties, Utah.
Surface Transportation Board proposes new procedures
Surface Transportation Board (Board) Chairman Linda J. Morgan announced on September 3, 2002 that the Board is instituting a proceeding to amend its regulations to further expedite the resolution of large railroad rate challenges that come before it.
Third circuit finds railroad to be Carmack shipper
The U.S. Court of Appeals for the Third Circuit found a railroad to be a Carmack Amendment shipper in Union Pacific Railroad Co. v. Greentree Transportation Trucking Co., 2002 U.S. App. LEXIS 11372 and 2002 Fed. Car. Cases &84,234, p.58,182, decided May 16, 2002
U.S. imposes new safety rules for motor carriers
The Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation (DOT) has proposed an interim final rule to establish new minimum requirements for American and Canadian applicants for new motor carrier operating authority.