Articles From William D. Brejcha | Illinois State Bar Association

District court finds actual carrier notice of cargo loss excuses late shipper claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2005 In Mitsui Sumitomo Insurance Co. Ltd., et al., v. Watkins Motor Lines, Inc., Case No. 03-2741 (10/8/04), U.S. District Court Judge Samuel DerYeghiayan granted the plaintiffs’ summary judgment motion in Carmack Amendment 49 U.S.C. 14706 cargo loss and damage litigation and denied without prejudice defendant’s partial motion for summary judgment to limit its damages.

District Court tells trucking company to get it in writing By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2005 In Central States, Southeast and Southwest Areas Pension Fund, et al. v. Pneumatic Trucking, Inc., Case No. 04 C-0298, District Court Judge Harry Leinenweber of the U.S. District Court for the Northern District of Illinois granted the major part of Central States' Motion for Summary Judgment on Central States' claim that Pneumatic owed contributions to the pension fund, notwithstanding contrary oral agreements between Pneumatic and the union Locals representing its drivers.

Defendant status issue stays Carmack preemption By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 Judge David Coar of the U.S. District Court for the Northern District of Illinois has denied a Rule 12(b)6 Motion to Dismiss based on Carmack Amendment preemption under 49 U.S.C.

District court finds actual carrier notice of cargo loss excuses late shipper claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 In Mitsui Sumitomo Insurance Co. Ltd., et al., v. Watkins Motor Lines, Inc., Case No. 03-2741 (10/8/04), U.S. District Court Judge Samuel Der-Yeghiayan granted the plaintiffs' summary judgment motion in Carmack Amendment 49 U.S.C. 14706 cargo loss and damage litigation and denied without prejudice defendant's partial motion for summary judgment to limit its damages.

Hours of service battles continue By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 The new Federal Motor Carrier Safety Administration ("FMCSA") hours of service rules for truck drivers went into effect on January 4, 2004.

Union decertification held not to trigger complete ERISA withdrawal liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 In Central States, Southeast and Southwest Area Pension Fund v. Schilli Corporation, Case No. 03-8880 (11/15/04), Judge John Darrah of the U.S. District Court for the Northern District of Illinois rejected Central States' assertion that an employee vote to decertify a union created a complete ERISA withdrawal liability for their employer.

District court sustains Carmack Amendment federal jurisdiction on international shipment By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2004 In Capital Converting Equipment, Inc. v. LEP Transports, Inc., F.2d 391 (7th Cir. 1992), the U.S. Court of Appeals for the 7th Circuit held that the Carmack Amendment, 49 U.S.C. §11706, provides no cargo damage remedy against rail carriers on international shipments originating at points in foreign countries and moving to U.S. destinations on through bills of lading unless some domestic part of the shipments were covered under separate bills of lading issued by domestic rail or motor carriers.

U.S. Supreme Court to review 11th Circuit COGSA Himalaya Clause decision By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2004 The U.S. Supreme Court has agreed to review the decision by the U.S. Court of Appeals for the 11th Circuit in Kirby v. Norfolk Southern Railway Company, Case No. 01-13776, decided August 8, 2002.

10th Circuit rejects “logo liability” in cargo loss and damage litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 On August 25, 2002, the U.S. Court of Appeals for the 10th Circuit rejected the concept of logo liability in Carmack Amendment litigation in the matter of Mercer Transportation Company v. Greentree Transportation Co., et al., Case No. 01-1380.

Divided 4th District Appellate Court sustains non-solicitation clause By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 In a 2-1 decision, the Illinois Appellate Court for the 4th District has found that a non-solicitation clause in a broker-carrier contract is enforceable against the motor carrier on business that the motor carrier had secured on its own without any broker referral in Berryman Transfer & Storage Company, Inc. v. New Prime, Inc., Case No. 4-03-0345, decided 2/28/2004.

Illinois Appellate Court rejects carrier liability limits in cargo litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 The Illinois Appellate Court for the First District has held that the cargo loss and damage liability limits published in a motor carrier's tariff were ineffective to limit the carrier's liability to a shipper in cargo loss and damage litigation unless the shipper had actual notice of the liability limitation and assented to it prior to the shipment.

Illinois Supreme Court decision assists Illinois driver leasing companies By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 On February 20, 2004, the Illinois Supreme Court issued a decision which will greatly assist the Illinois driver leasing industry in H&M Commercial Driver Leasing, Inc. v. Fox Valley Containers, Inc., Docket No. 96057.

Who’s the consignee? Seventh Circuit reverses judgment against warehouseman for demurrage charges By William D. Brejcha Racial and Ethnic Minorities and the Law, December 2003 The U.S. Court of Appeals in Chicago has reversed a summary judgment in favor of the Illinois Central Railroad ("the IC) for demurrage charges against a warehouseman which provided storage in transit services in Illinois Central Railroad Company v. South Tec Development Warehouse, No. 02-2957 (July 23, 2003).

COGSA shipper’s recovery limited to cost of manufacture & inland carrier’s liability limit held inapplicable to through ocean bill of lading transport By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, July 2003 Levi Strauss & Co. moved a container of pants from Honduras to Arkansas on a through ocean bill of lading subject to the Carriage of Goods by Sea Act (COGSA) at 46 U.S.C. §1300 et seq.

Who issued the bill of lading anyway? 11th Circuit grapples with liability limitations By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, July 2003 The U.S. Court of Appeals for the 11th Circuit has taken an interesting approach to the ongoing released rate cargo loss and damage issue in Siren, Inc. v. Estes Express, Inc., 249 F.3d 1268 (11th Cir. 2001) and Sassy Doll Creations, Inc. v. Watkins Motor Lines, Inc., No. 02-12210 (11th Circuit; 5/23/03).

3rd Circuit affirms damage award for late delivery of dated materials By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2003 The U.S. Court of Appeals for the 3rd Circuit has awarded a shipper the entire invoice value of Christmas-related paper goods that a motor carrier had lost and failed to deliver until the end of the following March in Paper Magic Group v. J.B. Hunt Transport, Inc., 2003 WL 135787 (3d Cir. 1/16/03)

District court rules for broker on cargo claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2003 In Chubb Group v. H.A. Transp. Systems, Inc., Case No. VC 01-9192 AHM (MEX) (10/9/02), the U.S. District Court for the Central District of California granted summary judgment to defendant transportation broker H.A.

Illinois Department of Insurance “opt out” ruling a clarification for Illinois motor carriers By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2003 The Illinois Appellate Court for the 1st District clobbered the Illinois trucking industry in 1997 when it ruled that workers' compensation insurers could collect premiums from motor carriers based on revenues the motor carriers paid to independent contractor owner-operators who were ineligible for workers' compensation benefits under Illinois law in Wausau Insurance Co. v. Kim's Trucking, Inc., 289 Ill. App. 3d 201, 682 N.E. 2d 190 (1st Dist. 1997) appl. denied 175 Ill. 2d 555 (1997)

Cargo damage judgment affirmed as to liability, but reversed as to damages By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2003 The Illinois Appellate Court for the Second District has affirmed in part and reversed in part a summary judgment awarded to an insurer against a motor carrier in a subrogation suit arising out of a cargo damage claim to an electron microscope in Wausau Ins. Co. v. All Chicagoland Moving And Storage Company, Case No. 02-01-1317 (decided September 27, 2002).

Conversion claim preempted by Carmack By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2003 In Chen v. Mayflower Transit, Inc., 2002 Fed. Carr Cases &84,251 (7/19/02), the U.S. District Court for the Northern District of Illinois confronted several state law claims which arose on a household goods move from Atlanta to Chicago.

District court applies state law to resolve stolen international shipment issue By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2003 In Indemnity Insurance Co. of North America v. Hanjin Shipping Co., 2002 Fed. Car. Cases &84, 249 (Sept. 2002), the U.S. District Court for the Northern District of Illinois wrestled with the complicated issues of what law to apply in a dispute about the failed delivery of a Black & Decker power tool shipment from Shenzhen, China to Lowe's Company in North Vernon, IN.

Carmack preemption bars shipper’s state claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 The U.S. Court of Appeals for the Eleventh Circuit has affirmed the dismissal of state court causes of action which a couple had asserted against a motor carrier in Smith v. United Parcel Service, 2002 U.S. App. LEXIS 13972, 2002 Fed. Car. Cos. &84,242, decided July 11, 2002.

Carmack removal proper where household goods were stolen from storage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 The U.S. District Court for the Northern District of California has held that removal of a state court complaint arising out of a theft of household goods from storage after a New York to California household goods move was proper in Newens v. ORNA Services, 2002 U.S. Dist. LEXIS 10685, 2002 Fed.Car.

Third circuit finds railroad to be Carmack shipper By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 The U.S. Court of Appeals for the Third Circuit found a railroad to be a Carmack Amendment shipper in Union Pacific Railroad Co. v. Greentree Transportation Trucking Co., 2002 U.S. App. LEXIS 11372 and 2002 Fed. Car. Cases &84,234, p.58,182, decided May 16, 2002

District Court finds interstate drivers exempt from FLSA’s overtime provisions By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2002 The U.S. District Court for the Central District of Illinois has rejected a claim for overtime pay brought by employees of a Decatur newspaper under the federal Fair Labor Standards Act (FLSA) in Barron v. Lee Enterprises, 2002 WL 113790 (C.D. Ill. 2002).

U.S. Supreme Court accepts certiorari in two trucking industry cases By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2002 The U.S. Supreme Court has accepted certiorari in two cases from the trucking industry.

7th Circuit affirms withdrawal liability judgment against sole proprietor owner of withdrawing motor carrier By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2002 The U.S. Court of Appeals for the Seventh Circuit has affirmed a judgment entered against a sole proprietorship found to have been a commonly controlled trade or business with a motor carrier employer assessed with ERISA withdrawal liability in Central States, Southeast & Southwest Areas Pension Fund v. Neiman, Case Nos. 01-1964 and 01-2379 (7th Cir., April 2, 2002).

U.S. imposes new safety rules for motor carriers By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2002 The Federal Motor Carrier Safety Administration (FMCSA) of the United States Department of Transportation (DOT) has proposed an interim final rule to establish new minimum requirements for American and Canadian applicants for new motor carrier operating authority.

6th Circuit allows DOT to require organized motor carrier records By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The United States Court of Appeals backed the Federal Motor Carrier Safety Administration's ("FMCSA") insistence that motor carriers produce organized records to its auditors in A.D. Transport Express v. United States, 202 WL 104797 (6th Cir. 2002).

7th circuit finds federal law bars pension fund trustee from collecting owner operator ERISA contributions By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. Court of Appeals for the Seventh Circuit recently decided an important case concerning motor carrier obligations to contribute to union trust funds for their independent contractor owner operators in Mazzei v. Rock-N-Around Trucking, Inc., 246 F.3d 956 (7th Cir., 4/6/2001).

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