The newsletter of the ISBA’s Section on Energy, Utilities, Telecommunications & Transportation Law
Browse articles by year: 2013 (1)
Newsletter articles from 2007
Federal District Court finds preemption bars carrier’s state law tort claims
In Yellow Transp., Inc. v. DM Transp. Management Services, Inc., 2006 WL 2871745 (E.D. Pa., 10/4/06), 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
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.
Seventh Circuit enforces tariff non-liability rule against jeweler
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.
Utility law update
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
On September 11, 2007, the United States District Court for the Western District of Virginia issued a decision in the case of Jones v. D’Souza, 2007 U.S. Dist. LEXIS 66993 ( W.D. Va. 2007) wherein the District Court sustained the plaintiff’s claims against broker CH Robinson, Inc. (“Robinson””) for negligence, negligent hiring, and negligent entrustment on Robinson’s motion to dismiss the plaintiff’s Complaint under Federal Rule of Civil Procedure 12(b)(6).