Court finds no FMCSR duty stated against motor carrier or shipper for loading issuesBy William D. BrejchaApril 2005In Turner v. Goodyear Tire & Rubber Co., No. 02 C-5012 (12/1/04), Judge Samuel DerYeghiayan of the U.S. Court for the Northern District of Illinois held that the Federal Motor Carrier Safety Regulations (“FMCSA”) in 49 C.F.R. Part 390 et seq. created no duty for either motor carriers or shippers regarding the loading or unloading of interstate shipments on private property.
District court finds actual carrier notice of cargo loss excuses late shipper claimBy William D. BrejchaApril 2005In Mitsui Sumitomo Insurance Co. Ltd., et al., v. Watkins Motor Lines, Inc., Case No. 03-2741 (10/8/04), U.S. District Court Judge Samuel DerYeghiayan granted the plaintiffs’ summary judgment motion in Carmack Amendment 49 U.S.C. 14706 cargo loss and damage litigation and denied without prejudice defendant’s partial motion for summary judgment to limit its damages.
District Court tells trucking company to get it in writingBy William D. BrejchaMarch 2005In Central States, Southeast and Southwest Areas Pension Fund, et al. v. Pneumatic Trucking, Inc., Case No. 04 C-0298, District Court Judge Harry Leinenweber of the U.S. District Court for the Northern District of Illinois granted the major part of Central States' Motion for Summary Judgment on Central States' claim that Pneumatic owed contributions to the pension fund, notwithstanding contrary oral agreements between Pneumatic and the union Locals representing its drivers.
Energy Policy Act of 2005—Summary of Electricity TitleBy William J. HarmonDecember 2005The 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 2005By Michael S. PabianSeptember 2005On 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.
Seventh Circuit affirms injunction against city’s ban on truck trafficBy Corey B. SternApril 2005In Crest Hill Land Development, LLC. v. City of Joliet, No. 04-2565 (01/25/05), the U.S. Court of Appeals for the Seventh Circuit affirmed a trial court judgment which enjoined the City of Joliet from banning truck traffic on a locally designated highway.
When’s a contract a contract?By William D. BrejchaSeptember 2005The U.S. Court of Appeals in Chicago has reversed a $5 million breach of contract judgment which an Illinois motor carrier obtained against a truck manufacturer in PFT Roberson, Inc. v. Volvo Trucks North America, Inc., Case No. 04-3100, decided August 25, 2005.