Federal District Court finds preemption bars carrier’s state law tort claimsBy William D. BrejchaFebruary 2007In Yellow Transp., Inc. v. DM Transp. Management Services, Inc., the U.S. District Court for the Eastern District of Pennsylvania found that 49 U.S.C. §14501(c)(1) of the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) preempted Yellow’s state law tort claims against DM.
Seventh Circuit enforces tariff non-liability rule against jewelerBy William D. BrejchaApril 2007In Trieber & Straub, Inc. v. United Parcel Service, Inc., 474 F.3d 379 (7th Cir., 1/9/07), the United States Court of Appeals for the Seventh Circuit both affirmed and modified a summary judgment entered by the U.S. District Court for the Eastern District of Wisconsin in favor of the United Parcel Service (“UPS”) in an action where jeweler Trieber sued UPS for the loss of a diamond ring in transit in UPS’ air freight service.
Utility law updateBy Michael S. PabianNovember 2007On July 26, the General Assembly finalized passage of Senate Bill 1704, which signaled another significant accomplishment in the state’s effort to secure FutureGen. FutureGen is a public-private partnership to design, build, and operate the world’s first coal-fueled, near-zero emissions power plant, at an estimated net project cost of $1.5 billion.