2006 Articles

5th District rejects class contract claim against Federal Express Corporation By William D. Brejcha November 2006 In Moody v. Federal Express Corporation, No. 5-05-0519 (decided 10/19/06), the Illinois Appellate Court for the Fifth District affirmed the trial court’s judgment on the pleadings for defendant Federal Express (“FedEx”) on a one-count breach of contract class action claim.
D.C. Circuit rejects new FMCSA driver training regulation By William D. Brejcha February 2006 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.
Fifth District finds that courts may enjoin stopped trains from blocking grade crossings for periods of longer than 10 minutes under Illinois law By William D. Brejcha May 2006 On March 13, 2006, the Illinois Appellate Court for the Fifth District sustained an injunction against a railroad whose stopped trains had been blocking a grade crossing for periods of fifteen to forty-five minutes in Eagle Marine Industries, Inc. v. Union Pacific Railroad Company, Case No. 5-05-0038.
First District finds a non-solicitation clause to be unenforceable By William D. Brejcha May 2006 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.
The Illinois Supreme Court revisits intrastate forum non conveniens in Langenhorst v. Norfolk Southern Railway: “A battle over the minutiae” By Kris R. Murphy November 2006 In Langenhorst v. Norfolk Southern Railway Company, the Supreme Court of Illinois recently revisited the doctrine of intrastate forum non conveniens.
Indiana District Court sustains motor carrier owner operator practices against OOIDA attack By William D. Brejcha February 2006 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.
Third Circuit requires written notice as a condition precendent for Carmack amendment cargo claim By William D. Brejcha May 2006 In S & H Hardware & Supply Co. v. Yellow Transportation, Inc., 432 F.3d 550 (3rd Cir., 12/19/05), the U.S. Court of Appeals for the Third Circuit rejected a Carmack Amendment cargo loss and damage claim brought under 49 U.S.C. §14706 because the claimant did not file a written notice of loss or damage within nine months of the delivery date.
Updates By Michael S. Pabian November 2006 Effective July 1, your section has a new name—the Energy, Utilities, Telecommunications, and Transportation Section.