Section Newsletters

Articles on Energy

Energy Policy Act of 2005—Summary of Electricity Title By William J. Harmon Energy, Utilities, Telecommunications, and Transportation, December 2005 The following is a summary of the provisions of the Energy Policy Act of 2005 relating to the electric industry and the bill’s tax provisions, other than the bill’s renewable energy tax provisions, which are covered in a separate article.
President signs Energy Policy Act of 2005 By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, September 2005 On August 5, President Bush signed the Energy Policy Act of 2005 into law. The conference report exceeded 500 pages and contains many significant provisions. Here is a high-level overview.
Illinois Supreme Court finds NI-Gas has a duty to warn customers of faulty appliance connectors By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, June 2005 In Adams v. Northern Illinois Gas Company, plaintiff's decedent was killed in a gas explosion when gas leaked in her home because of a faulty appliance connector.
Carmack preemption bars shipper’s state claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 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 By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 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.
Surface Transportation Board proposes new procedures Energy, Utilities, Telecommunications, and Transportation, October 2002 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 By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 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
District Court finds interstate drivers exempt from FLSA’s overtime provisions By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2002 The U.S. District Court for the Central District of Illinois has rejected a claim for overtime pay brought by employees of a Decatur newspaper under the federal Fair Labor Standards Act (FLSA) in Barron v. Lee Enterprises, 2002 WL 113790 (C.D. Ill. 2002).
7th Circuit affirms withdrawal liability judgment against sole proprietor owner of withdrawing motor carrier By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2002 The U.S. Court of Appeals for the Seventh Circuit has affirmed a judgment entered against a sole proprietorship found to have been a commonly controlled trade or business with a motor carrier employer assessed with ERISA withdrawal liability in Central States, Southeast & Southwest Areas Pension Fund v. Neiman, Case Nos. 01-1964 and 01-2379 (7th Cir., April 2, 2002).
Surface Transportation Board issues decisin on use of arbitration to resolve disputes Energy, Utilities, Telecommunications, and Transportation, June 2002 Surface Transportation Board (Board) Chairman Linda J. Morgan announced various steps the Board has taken to address the appropriate role of arbitration in resolving disputes involving railroad matters on May 22, 2002.
U.S. imposes new safety rules for motor carriers By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2002 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.
6th Circuit allows DOT to require organized motor carrier records By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The United States Court of Appeals backed the Federal Motor Carrier Safety Administration's ("FMCSA") insistence that motor carriers produce organized records to its auditors in A.D. Transport Express v. United States, 202 WL 104797 (6th Cir. 2002).
7th circuit finds federal law bars pension fund trustee from collecting owner operator ERISA contributions By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. Court of Appeals for the Seventh Circuit recently decided an important case concerning motor carrier obligations to contribute to union trust funds for their independent contractor owner operators in Mazzei v. Rock-N-Around Trucking, Inc., 246 F.3d 956 (7th Cir., 4/6/2001).
Log violations fail to support damage award By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 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 rejects punitive damage recovery based on truck driver’s intentional driver log falsification and excessive driving By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals in Chicago has affirmed a defense summary judgment on a punitive damage claim arising from a truck driver's alleged habitual sleep deprivation and intentional log falsification in Purnick v. C.R. England, Inc., 269 F.3d 851 (7th Cir., 10/19/01).
Seventh Circuit reverses ERISA award for Central States By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 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 reverses tax court on transportation law issue By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals in Chicago reversed a decision of the Tax Court on an important transportation tax law issue in U.S. Freightways Corp. v. IRS, No. 00-2668 (11/6/01).
Seventh Circuit tackles Carmack jurisdictional issues in botched bedroom furniture move By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 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).
Supreme court finds courier drivers to be employees, not independent contractors: is the decision valid under current transportation law? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The Illinois Supreme Court has resolved the latest battle over whether drivers who lease their autos to courier or messenger companies are either employees or independent contractors in Illinois unemployment compensation cases before the Illinois Department of Employment Security ("IDES") in AFM Messenger Service Inc. v. IDES, No. 89984 (11/20/01).
7th Circuit affirms Carmack judgment against railroad By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. Court of Appeals for the Seventh Circuit affirmed a Carmack Amendment judgment in Allied Tube & Conduit Corp. v. Southern Pacific Transp. Co., 2000 Fed. Car. Cas. ¶84,142 (4/28/00).
Carmack cargo claim preemption and freight forwarder limitations of cargo loss and damage liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. District Court for Arizona recently decided two important issues regarding carrier liability for cargo loss or damage in Ipec Planar v. Mach 1 Air Services, Inc., 2001 Fed. Car. Cases, ¶84,178 (D.Ariz. 3/2001).
COGSA’S $500 liability limit and bill of lading errors—what’s the effect? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court for the Southern District of New York, in Mitsui Marine Fire and Insurance Co. Ltd. v. Direct Container Line, Inc. 119 F. Supp. 2d 412 (S.D.N.Y. 2000) ruled on an important issue regarding the relationship between the contents of a carrier's bill of lading and the carrier's right under the Carriage of Goods by Sea Act ("COGSA") to claim the $500 per package limitation of liability.
Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car. Cases ¶84,181 (4/2001)
The Fifth Circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).
First Circuit finds FLSA motor carrier does not apply to intra-island transport within U.S. territories By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The First Circuit Court of Appeals recently decided an interesting issue in Herman v. Nieves 2001 Fed. Car. Cases ¶84,180 (3/26/2001) regarding the application of overtime law provisions of the Fair Labor Standards Act, ("FLSA") to motor carriers who operate only within an island that is a United States' territory or possession
Illinois Appellate Court allows motor carrier to pursue claim for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The Illinois Appellate Court for the First District has reversed a trial court ruling that barred auto carrier Cassens Transportation from recovering for cargo damage it suffered in a highway crash with J.B. Hunt Transport and American Boat Carriers in Behn v. Eppard, No. 1-99-1478 (2001 WL 314691 decided March 30, 2001).
Motor carrier’s limitation of cargo liability held enforceable By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court in the Western District of New York recently decided an important issue regarding a motor carrier's limitation of liability for cargo loss and damage in Schweitzer Aircraft Corp v. Landstar Ranger, Inc., 114 F. Supp.2d 199 (W.D. NY 9/27/00).
Carmack cargo claim preemption and freight forwarder limitations of cargo loss and damage liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. District Court for Arizona recently decided two important issues regarding carrier liability for cargo loss or damage in Ipec Planar v. Mach 1 Air Services, Inc., 2001 Fed. Car. Cases, ¶84,178 (D.Ariz. 3/2001).
Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car.
The fifth circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).

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