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

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Newsletter articles from 1999

Massachusetts district court denies summary judgment in concealed damage case where claim filed thirteen months after delivery By William D. Brejcha December 1999 In Norpin Manufacturing Co., Inc. v. CTS Con-Way Transportation Services, Inc., 1999 WL 754038 (D. Mass.) ____F. Supp. 3d ____ (decided 9/21/99), the U.S. District Court for the District of Massachusetts denied a motor carrier's motion for summary judgment in a cargo loss and damage claim brought under the Carmack Amendment at 49 U.S.C. §14706 even though the plaintiff shipper's initial claim for cargo damage was not filed with the defendant motor carrier until thirteen months after delivery.
Railroad which destroyed allegedly faulty container and the container’s owner both severely sanctioned when container destroyed before trial By William D. Brejcha December 1999 What happens in a cargo damage derailment suit when the parties zero in on the condition of a container as the alleged cause of the derailment and the container is destroyed before expert inspections?
Recent news releases May 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that the board has terminated its consideration of two more rail rate complaints after the parties reached negotiated settlements.
Recent news releases January 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that, to date, 22 written decisions have been issued by the board in the "Conrail" railroad control proceeding following the board's July 1998 approval of the application of CSX Corporation and CSX Transportation, Inc. (collectively, CSX) and Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, NS) to acquire control of Conrail Inc. and Consolidated Rail Corporation (collectively, Conrail) and to divide Conrail's assets between them.
Transportation law update By William D. Brejcha January 1999 In the update for this issue, we will again address recent rulings and decisions which impact on our transportation clients generally.
Transportation law updates By William D. Brejcha May 1999 The Illinois Supreme Court has ruled that employers are bound by the terms and provisions of their employment policies and are barred from making unilateral changes to existing employee rights established by those policies.
U.S. District Court finds Carmack Amendment claim against property broker does not preempt state law claims By William D. Brejcha December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 89563 (N.D. Ill. 2/16/99), Custom filed a declaratory judgment suit against Motorola in the U.S. District Court for the Northern District of Illinois wherein it asserted that because it was a property broker, it owed nothing to Motorola after one million dollars worth of goods were stolen from a truck which Custom had hired to move Motorola's freight from Harvard, IL to Miami, FL.
U.S. District Court grants partial summary judgment against contract carrier in Carmack Amendment litigation By William D. Brejcha December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 965686 (N.D. Ill., 10/15/99), Motorola brought a Carmack Amendment claim under 49 U.S.C. §14706(a)(1) against J&P Transport and moved for summary judgment against that entity as the originating carrier on a load of telephones that moved from Harvard, IL and to Miami, FL and was short one million dollars worth of cargo on arrival at destination.