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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 2007

Court finds both that Carmack Amendment remedy preempts state law claims and that Carmack Amendment waiver was not established By William D. Brejcha February 2007 In MidAmerican Energy Co. v. Start Enterprises, Inc., a motor carrier dropped a storage array on the floor during the course of an interstate move from Nebraska to Iowa, causing damage of approximately $213,392.
District Court enforces 18-month statute of limitations for carrier accessorial charges and a contract according to its terms By William D. Brejcha March 2007 In Emmert Industrial Corporation v. Artisan Associates, Inc., 2005 WL 913129 (D.Or.), motor carrier Emmert sued broker Artisan for some $570,000 worth of packing and storage charges and other damages.
Federal District Court finds preemption bars carrier’s state law tort claims By William D. Brejcha February 2007 In Yellow Transp., Inc. v. DM Transp. Management Services, Inc., the U.S. District Court for the Eastern District of Pennsylvania found that 49 U.S.C. §14501(c)(1) of the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) preempted Yellow’s state law tort claims against DM.
First District finds indemnity agreement covers claims of indemnitee negligence By William D. Brejcha March 2007 On October 1, 2003, a truck driver named Vincente Zepeda (“Zepeda”) who operated a Frontline Transportation Company (“FTC”) tractor hauling a China Ocean Shipping Co. (“COSCO”) container hit a bus, killing passenger John Buenz. Buenz’s wife then brought a wrongful death claim against Zepeda, FTC and COSCO.
Illinois Supreme Court affirms finding of truck owner-operator employee status By William D. Brejcha December 2007 A controversial issue in transportation law is whether owner-operators who lease their trucks to motor carriers are employees or independent contractors.
Seventh Circuit enforces tariff non-liability rule against jeweler By William D. Brejcha April 2007 In Trieber & Straub, Inc. v. United Parcel Service, Inc., 474 F.3d 379 (7th Cir., 1/9/07), the United States Court of Appeals for the Seventh Circuit both affirmed and modified a summary judgment entered by the U.S. District Court for the Eastern District of Wisconsin in favor of the United Parcel Service (“UPS”) in an action where jeweler Trieber sued UPS for the loss of a diamond ring in transit in UPS’ air freight service.
Seventh Circuit rejects Disabilities Act claim in driver termination for a blood pressure disorder By William D. Brejcha April 2007 On March 21, 2007, the U.S. Court of Appeals for the 7th Circuit in Chicago affirmed a summary judgment from the U.S. District Court for the Eastern District of Wisconsin in Equal Employment Opportunity Commission v. Schneider National, Inc., No. 06-3108.
Utility law update By Michael S. Pabian November 2007 On July 26, the General Assembly finalized passage of Senate Bill 1704, which signaled another significant accomplishment in the state’s effort to secure FutureGen. FutureGen is a public-private partnership to design, build, and operate the world’s first coal-fueled, near-zero emissions power plant, at an estimated net project cost of $1.5 billion.
Virginia District Court sustains personal injury action against property broker By William D. Brejcha December 2007 A summary of Jones v. D’Souza.