D.C. Circuit rejects new FMCSA driver training regulation
The United States Court of Appeals for the District of Columbia has rejected a Federal Motor Carrier Safety Administration (“FMCSA”) of the United States Department of Transportation (“US DOT”) final rule concerning entry level training for commercial vehicle operators in Advocates for Highway & Auto Safety v. FMCSA, Case Nos. 04-1233, 1236 and 1418, decided December 2, 2005.
First District finds a non-solicitation clause to be unenforceable
In C. H. Robinson Worldwide, Inc. v. Kindersley Transport, Ltd., Case No. 1-05-0562 (March 31, 2006), the Illinois Appellate Court for the First District held that C.H. Robinson’s back-solicitation clause in its broker/carrier agreement with Kindersley was unenforceable.
Indiana District Court sustains motor carrier owner operator practices against OOIDA attack
On September 27, 2005, U.S. District Judge Sarah Evans Barker of the Southern District of Indiana denied the plaintiff’s summary judgment motion and found that motor carrier Mayflower Transit, Inc.’s practices of passing its public liability and property damage (“PL/PD”) insurance costs on to its independent contractor owner operator drivers did not violate the United States Federal Motor Carrier Safety Administration (“FMCSA”) leasing regulation at 49 C.F.R. Part 376.12(j)(1) in Owner Operators Independent Drivers Association, Inc., Cause No. 1P-98-458-CB/S, decided, 9/27/05.
Effective July 1, your section has a new name—the Energy, Utilities, Telecommunications, and Transportation Section.