Section Newsletters

Articles From William D. Brejcha

District Court finds shipper’s Carmack claim valid, but finds shipper negligence claim preempted By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2010 The U.S. District Court for the Northern District of Illinois decided the case of Eastco International Corporation v. Coyote Logistics, LLC.
District Court finds Carmack inapplicable to domestic leg of international shipment By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2010 If nothing else, this case underscores the importance of how the Supreme Court will resolve the conflicts among the Circuits on the issues being addressed in the pending Regal-Beloit Corp. appeal from the 9th Circuit.
FMCSA bars driver “texting” while driving By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2010 Electronic devices used for texting are prohibited under current FMCSR safety regulations.
Carrier not a broker and remains liable for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
Supreme Court to hear cargo claim case: Does Carmack or COGSA control? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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).
Appellate Court chooses the substantive law of the place of crash as controlling in derailment action By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
Seventh Circuit allows Union Pacific higher transport rate under Force Majeure clause By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2009 A look at the case of Wisconsin Electric Power Co. v. Union Pacific Railroad Co.
Carrier wins summary judgment in cargo damage suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
Seventh Circuit finds driver’s own negligence defeated her claims against logistics company and shipper By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
9th Circuit finds Carmack preempts intentional tort claim against mover By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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 Energy, Utilities, Telecommunications, and Transportation, 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.
No railroad liability when auto’s driver hits a stopped train on dark, foggy night By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
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 Energy, Utilities, Telecommunications, and Transportation, 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 affirms finding of truck owner-operator employee status By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2007 A controversial issue in transportation law is whether owner-operators who lease their trucks to motor carriers are employees or independent contractors.
Virginia District Court sustains personal injury action against property broker By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2007 A summary of Jones v. D’Souza.
Seventh Circuit enforces tariff non-liability rule against jeweler By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 In 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.
Seventh Circuit rejects Disabilities Act claim in driver termination for a blood pressure disorder By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2007 On March 21, 2007, the U.S. Court of Appeals for the 7th Circuit in Chicago affirmed a summary judgment from the U.S. District Court for the Eastern District of Wisconsin in Equal Employment Opportunity Commission v. Schneider National, Inc., No. 06-3108.
District Court enforces 18-month statute of limitations for carrier accessorial charges and a contract according to its terms By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2007 In Emmert Industrial Corporation v. Artisan Associates, Inc., 2005 WL 913129 (D.Or.), motor carrier Emmert sued broker Artisan for some $570,000 worth of packing and storage charges and other damages.
First District finds indemnity agreement covers claims of indemnitee negligence By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2007 On October 1, 2003, a truck driver who operated a tractor hauling a China Ocean Shipping Co. container hit a bus, killing passenger John Buenz. Buenz’s wife then brought a wrongful death claim against the driver, the transportation company and COSCO.
Court finds both that Carmack Amendment remedy preempts state law claims and that Carmack Amendment waiver was not established By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2007 In MidAmerican Energy Co. v. Start Enterprises, Inc., a motor carrier dropped a storage array on the floor during the course of an interstate move from Nebraska to Iowa, causing damage of approximately $213,392.
Federal District Court finds preemption bars carrier’s state law tort claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2007 In 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.
5th District rejects class contract claim against Federal Express Corporation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
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 Energy, Utilities, Telecommunications, and Transportation, 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 Energy, Utilities, Telecommunications, and Transportation, 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.
Third Circuit requires written notice as a condition precendent for Carmack amendment cargo claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
D.C. Circuit rejects new FMCSA driver training regulation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
Indiana District Court sustains motor carrier owner operator practices against OOIDA attack By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, 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.
When’s a contract a contract? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2005 The U.S. Court of Appeals in Chicago has reversed a $5 million breach of contract judgment which an Illinois motor carrier obtained against a truck manufacturer in PFT Roberson, Inc. v. Volvo Trucks North America, Inc., Case No. 04-3100, decided August 25, 2005.
Illinois Appellate Court finds MCS-90 endorsement inapplicable to owner operator’s claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2005 On April 6, 2005, the Illinois Appellate Court for the First District issued its decision in Canal Insurance v. A&R Transportation and Warehouse, LLC., Case No. 1-04-0881.
Court finds no FMCSR duty stated against motor carrier or shipper for loading issues By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2005 In Turner v. Goodyear Tire & Rubber Co., No. 02 C-5012 (12/1/04), Judge Samuel DerYeghiayan of the U.S. Court for the Northern District of Illinois held that the Federal Motor Carrier Safety Regulations (“FMCSA”) in 49 C.F.R. Part 390 et seq. created no duty for either motor carriers or shippers regarding the loading or unloading of interstate shipments on private property.

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