2008 Articles

9th Circuit finds Carmack preempts intentional tort claim against mover By William D. Brejcha October 2008 The United States Court of Appeals for the Ninth Circuit has affirmed a California District Court ruling that the Carmack Amendment of 49 U.S.C. §14706 preempted an intentional infliction of emotional distress claim arising out of an interstate household goods move inWhite v. Mayflower Transit, L.L.C., Case No. 07-55528 (decided 9/12/08).
Carmack damages do not allow for any shipper windfall By William D. Brejcha June 2008 In Houmani v. Roadway Express, Inc., 2008 U.S. Dist. LEXIS 20774 (N.D. Oh., 3/17/08), the Court granted Roadway partial summary judgment in an action where the appropriate damage standard under the Carmack Amendment, 49 U.S.C. §14706, was at issue.
Fact questions as to “good order” of cargo at origin and the shipper’s duty of mitigation bar summary judgment in cargo claim litigation By William D. Brejcha March 2008 U.S. District Judge William Griesbach refused to grant summary judgment in cargo loss and damage litigation in Land O’Lakes, Inc. v. Superior Service Transportation of Wisconsin, Inc., 500 F.Supp. 2d 1150 (E.D. Wis. 6/27/07).
Illinois Supreme Court construes indemnity provision to require indemnitor to indemnify indemnitee from its own negligence By Corey B. Stern March 2008 In Buenz v. Frontline Transp. Co., 2008 WL 217169 (Ill., Jan. 2008), the Illinois Supreme Court held that the language in an interchange agreement (hereinafter “Agreement”) between two carriers required the first carrier to indemnify the second carrier for any and all claims, even claims based on the second carrier’s negligence.
No railroad liability when auto’s driver hits a stopped train on dark, foggy night By William D. Brejcha June 2008 In Phillip Morris v. Illinois Central Railroad Company, No. 4-07-0816 (5/18/08), the Illinois Appellate Court for the Fourth District affirmed a trial court’s dismissal of a wrongful death claim arising from a January 1, 2004 incident where the plaintiff’s decedent crashed his car into an Illinois Central train that was stopped at a rail crossing at 7:04 p.m.