ADA claimant must request reasonable accommodationBy William D. BrejchaFebruary 2000The U.S. Court of Appeals in Chicago affirmed a trial court's summary judgment in favor of an employer and against a former employee in an Americans With Disabilities Act case brought under 42 U.S.C. § 1201 in Robin v. Espo Engineering Corp., No. 98-3909 (served 1/13/00).
Carmack claim against motor, rail carriers dismissed due to late shipper claimBy William D. BrejchaSeptember 2000In LTA Group v. J.B. Hunt Transport, Inc., 101 F.Supp. 2d 93 (N.D.N.Y. 6/21/00), the United States district court for the Northern District of New York granted the defendants' motions for summary judgment on a shipper/freight forwarder's Carmack Amendment claim against both a motor and rail carrier due to the shipper's failure to file timely loss and damage claims.
Illinois Court OOIDA’s challenge to Illinois Motor Fuel Use Tax ActBy William D. BrejchaFebruary 2000On December 2, 1999, the Circuit Court of Cook County, Illinois rejected a constitutional attack on the Illinois Motor Fuel Use Tax Act, 35 ILCS 505/13a, in Owner-Operator Independent Drivers Association ("OOIDA") v. Bower, 99 CH-02632, on a number of grounds.
Illinois unemployment insurance agency announces trucking industry auditBy Dennis J. DuffyFebruary 2000In October, 1999, the Illinois Department of Employment Security (IDES) initiated a one year audit program targeting trucking companies in Illinois for compliance with the owner-operator/independent contractor employment exemption, as codified at 820 ILCS 405/212.1
No consequential damages on Carmack Amendment claimBy William D. BrejchaSeptember 2000The U.S. district court for the Northern District of Illinois recently issued an important decision in Linc Equipment Services, Inc. v. Signal Medical Services, Inc., 1999 WL 1144919 (N.D.Ill. 12/2/99).
No federal jurisdiction over broker claim for unpaid freight chargesBy William D. BrejchaMay 2000In S&B Transportation Inc. v. Allan Distributors, 1999 Fed. Car. Cases ¶84, 104 (E.D.N.Y. 3/30/1999), the U.S. district court dismissed a broker's freight charge collection suit relating to interstate transportation for lack of federal jurisdiction.
OSHA remedy preempts truck driver’s wrongful discharge claimBy William D. BrejchaMay 2000The U.S. Court of Appeals for the Sixth Circuit has affirmed the dismissal of a truck driver's common law wrongful discharge claim in Barlow v. The Martin-Brower Company, 2000 U.S. App. LEXIS 443 (6th Cir., 1/5/2000).
Transportation law significance of negligent hiring claimBy William D. BrejchaSeptember 2000The Illinois Appellate Court's recent decision on the issue of negligent hiring in Strickland v. Communications & Cable of Chicago, 304 Ill. App. 3d 679, 710 N.E. 2d 55 (First Dist., 1999) is an important decision not only for purposes of employment law, but also for purposes of transportation law for the reasons detailed below.
U.S. District Court addresses broker cargo liability issuesBy William D. BrejchaMay 2000The pending U.S. District Court action in Custom Cartage, Inc. v. Motorola, Inc. is providing well reasoned and important transportation law opinions addressing a number of issues, including broker responsibility for cargo loss and damage claims.