2009 Articles

Appellate Court chooses the substantive law of the place of crash as controlling in derailment action By William D. Brejcha June 2009 In The Burlington Northern And Santa Fe Railway Company v. ABC-NACO, the Illinois Appellate Court for the First District affirmed the Circuit Court of Cook County’s finding that Arizona law controlled product liability/negligence claims that resulted from an Arizona derailment of a BNSF train.
Carrier not a broker and remains liable for cargo damage By William D. Brejcha December 2009  In Aioi Ins. Co. v. Timely Integrated, Inc., 2009 WL 2474072 (S.D.N.Y. 8/12/09), shipper Yazaki hired motor carrier Timely to move auto parts from AZ to IL.
Carrier wins summary judgment in cargo damage suit By William D. Brejcha March 2009 In Design X Manufacturing, Inc. v. ABF Freight Systems, Inc., the United States District Court for Connecticut granted motor carrier ABF’s motion for summary judgment in a shipper’s cargo damage lawsuit.
Illinois Supreme Court holds electricity is “tangible personal property” for purposes of the Illinois Personal Property Tax Replacement Income Tax Investment Credit By David J. Kupiec & Natalie M. Martin April 2009 At issue in this case is whether the Taxpayer’s 1995 and 1996 investments in property used for generating, transmitting and distributing electricity to customers in Illinois qualified for the .5% investment credit provided under Section 201(e) of the Illinois Income Tax Act.
People v. Illinois Commerce Commission: Deadline for E-filing under Illinois Commerce Commission’s regulations By Laura L. Milnichuk April 2009 In the recent Illinois Supreme Court decision of People v. Illinois Commerce Commission, the Court considered the question of whether the Illinois Commerce Commission’s regulations require documents to be electronically filed before the close of business in order to constitute timely filings and provide the appellate court with jurisdiction to hear any subsequent appeal.
Seventh Circuit allows Union Pacific higher transport rate under Force Majeure clause By William D. Brejcha June 2009 A look at the case of Wisconsin Electric Power Co. v. Union Pacific Railroad Co.
Seventh Circuit finds driver’s own negligence defeated her claims against logistics company and shipper By William D. Brejcha March 2009 The United States Court of Appeals for the Seventh Circuit in Chicago has rejected a truck driver’s personal injury claim against a logistics company and a shipper in Camp v. TNT Logistics Corporation.
Supreme Court to hear cargo claim case: Does Carmack or COGSA control? By William D. Brejcha December 2009 The U.S. Supreme Court has accepted a 9th Circuit case for review where the issue will be which federal statute controls in a cargo damage claim arising from an Oklahoma train derailment on a through bill of lading shipment that originated in China with a sea move to Long Beach, CA followed by an inland rail move to Midwest U.S. destinations in Regal-Beloit Corp. v. Kawasaki Kisen Kaisha, Ltd., 557 F.3d 985 (9th Cir. 2/17/09).
Telecommunications law update By Donna J. Amburgey December 2009 What did your computer do for you in 1980? What does it do now? How about telephones—they haven’t changed much in the past decade, right? The laws and administrative regulations surrounding and regulating communications of all sorts, from old fashioned television and telephones to the digital revolution and cloud computing, present challenges for any attorney attempting to be a useful advisor to those who work and play in the world of telecommunications.