Section Newsletters

Articles From William D. Brejcha

District court enforces cargo damage liability limitation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. District Court for the Western District of Tennessee has issued an important decision concerning cargo loss and damage liability limitation in EFS National Bank v. Averitt Express, Inc., 164 F. Supp. 2d 994 (8/31/01).
District court rejects broker liability in Carmack suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. District Court for the District of Maryland has rejected a shipper's Carmack Amendment cargo loss and damage claim against a broker in Professional Communications, Inc. ("PCI") v. Contract Freighters, Inc., 171 F.Supp. 2d 546 (D.MD 10/17/01)
Log violations fail to support damage award By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The Georgia Court of Appeals has affirmed a jury verdict for a motor carrier in a personal injury case where the driver had committed log violations in Parker v. R&L Carriers, 2002 WL 203765 (GA App. 2002).
Seventh Circuit rejects punitive damage recovery based on truck driver’s intentional driver log falsification and excessive driving By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals in Chicago has affirmed a defense summary judgment on a punitive damage claim arising from a truck driver's alleged habitual sleep deprivation and intentional log falsification in Purnick v. C.R. England, Inc., 269 F.3d 851 (7th Cir., 10/19/01).
Seventh Circuit reverses ERISA award for Central States By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals in Chicago has reversed a sixteen million dollar ($16,000,000) withdrawal liability judgment against the owners of a bankrupt motor carrier in Central States, Southeast And Southwest Areas Pension Fund v. White, 2001 W.L. 818782 (7th Cir., July 20, 2001).
Seventh Circuit reverses tax court on transportation law issue By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals in Chicago reversed a decision of the Tax Court on an important transportation tax law issue in U.S. Freightways Corp. v. IRS, No. 00-2668 (11/6/01).
Seventh Circuit tackles Carmack jurisdictional issues in botched bedroom furniture move By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The U.S. Court of Appeals for the Seventh Circuit has affirmed in part and reversed in part a trial court dismissal of a combination RICO/state fraud/ Carmack Amendment claim that arose out of a botched purchase and move of a purportedly Italian made set of walnut bedroom furniture in Pizzo v. Bekin Van Lines Company, 2001 WL 818772 (7th Cir. July 20, 2001).
Supreme court finds courier drivers to be employees, not independent contractors: is the decision valid under current transportation law? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2002 The Illinois Supreme Court has resolved the latest battle over whether drivers who lease their autos to courier or messenger companies are either employees or independent contractors in Illinois unemployment compensation cases before the Illinois Department of Employment Security ("IDES") in AFM Messenger Service Inc. v. IDES, No. 89984 (11/20/01).
7th Circuit affirms Carmack judgment against railroad By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. Court of Appeals for the Seventh Circuit affirmed a Carmack Amendment judgment in Allied Tube & Conduit Corp. v. Southern Pacific Transp. Co., 2000 Fed. Car. Cas. ¶84,142 (4/28/00).
Carmack cargo claim preemption and freight forwarder limitations of cargo loss and damage liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. District Court for Arizona recently decided two important issues regarding carrier liability for cargo loss or damage in Ipec Planar v. Mach 1 Air Services, Inc., 2001 Fed. Car. Cases, ¶84,178 (D.Ariz. 3/2001).
COGSA’S $500 liability limit and bill of lading errors—what’s the effect? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court for the Southern District of New York, in Mitsui Marine Fire and Insurance Co. Ltd. v. Direct Container Line, Inc. 119 F. Supp. 2d 412 (S.D.N.Y. 2000) ruled on an important issue regarding the relationship between the contents of a carrier's bill of lading and the carrier's right under the Carriage of Goods by Sea Act ("COGSA") to claim the $500 per package limitation of liability.
Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car. Cases ¶84,181 (4/2001)
The Fifth Circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).
First Circuit finds FLSA motor carrier does not apply to intra-island transport within U.S. territories By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The First Circuit Court of Appeals recently decided an interesting issue in Herman v. Nieves 2001 Fed. Car. Cases ¶84,180 (3/26/2001) regarding the application of overtime law provisions of the Fair Labor Standards Act, ("FLSA") to motor carriers who operate only within an island that is a United States' territory or possession
Illinois Appellate Court allows motor carrier to pursue claim for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The Illinois Appellate Court for the First District has reversed a trial court ruling that barred auto carrier Cassens Transportation from recovering for cargo damage it suffered in a highway crash with J.B. Hunt Transport and American Boat Carriers in Behn v. Eppard, No. 1-99-1478 (2001 WL 314691 decided March 30, 2001).
Motor carrier’s limitation of cargo liability held enforceable By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court in the Western District of New York recently decided an important issue regarding a motor carrier's limitation of liability for cargo loss and damage in Schweitzer Aircraft Corp v. Landstar Ranger, Inc., 114 F. Supp.2d 199 (W.D. NY 9/27/00).
Carmack cargo claim preemption and freight forwarder limitations of cargo loss and damage liability By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. District Court for Arizona recently decided two important issues regarding carrier liability for cargo loss or damage in Ipec Planar v. Mach 1 Air Services, Inc., 2001 Fed. Car. Cases, ¶84,178 (D.Ariz. 3/2001).
Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car.
The fifth circuit finds the MCS-90 endorsement does not preempt state insurance law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. Court of Appeals for the Fifth Circuit recently decided several important issues concerning an insurer's duty to defend and the MCS-90 insurance endorsement in T.H.E. Insurance Co. v Larsen Intermodal Services, Inc. 2001 Fed. Car. Cases ¶84,179 (5th Cir., decided 3/2/2001).
First circuit finds FLSA motor carrier does not apply to intra-island transport within U.S. territories By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The First Circuit Court of Appeals recently decided an interesting issue in Herman v. Nieves 2001 Fed. Car. Cases ¶84,180 (3/26/2001) regarding the application of overtime law provisions of the Fair Labor Standards Act, ("FLSA") to motor carriers who operate only within an island that is a United States' territory or possession.
Illinois appellate court allows motor carrier to pursue claim for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The Illinois Appellate Court for the First District has reversed a trial court ruling that barred auto carrier Cassens Transportation from recovering for cargo damage it suffered in a highway crash with J.B. Hunt Transport and American Boat Carriers in Behn v. Eppard, No. 1-99-1478 (2001 WL 314691 decided March 30, 2001).
DOT’s equipment leasing regulations and the owner-operator independent contractor status issue: two different approaches By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The Illinois Appellate Court recently issued a troubling decision for motor carriers, finding that an owner-operator who had leased his truck to a motor carrier under the U.S. Department of Transportation's equipment leasing regulations was an employee of the lessee motor carrier and thus entitled to receive workers' compensation benefits.
Employee termination for drug possession No ADA violation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The U.S. Court of Appeals for the Seventh Circuit has affirmed the dismissal of an Americans with Disabilities Act (ADA) suit under 42 U.S.C. §2101 et seq. by an employee terminated from his job due to cocaine possession in Pernice v. City of Chicago, 237 F.3d 793 (7th Cir., 1/11/01).
Seventh Circuit reverses withdrawal liability judgment against owners of bankrupt motor carrier By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The U.S. Court of Appeals for the Seventh Circuit has reversed a withdrawal liability judgment against shareholders of bankrupt motor carrier Holmes Freight Lines, Inc. in Central States Southeast And Southwest Areas Pension Fund v. Fulkerson, 238 F.3d 891 (7th Cir. 1/29/01).
When is a freight forwarder*a freight forwarder? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 Freight forwarders are unique players in the transportation marketplace. To their customers, they are carriers.
Seventh Circuit rejects driver’s breach of contract suit against a motor carrier employer By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2001 The U.S. Court of Appeals in Chicago has rejected an employee's breach of contract and promissory estoppel claims that were based on an employment policy handbook in Workman v. United Parcel Service, Inc., 00-2159.
Appellate court upholds $2.3 million jury verdict In owner operator class action suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 The Illinois Appellate Court has upheld a jury verdict for $2.3 million dollars in an owner operator class action lawsuit that was brought against a motor carrier.
Carmack claim against motor, rail carriers dismissed due to late shipper claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 In LTA Group v. J.B. Hunt Transport, Inc., 101 F.Supp. 2d 93 (N.D.N.Y. 6/21/00), the United States district court for the Northern District of New York granted the defendants' motions for summary judgment on a shipper/freight forwarder's Carmack Amendment claim against both a motor and rail carrier due to the shipper's failure to file timely loss and damage claims.
FMCSA issues new rules for motor carrier numbers, names and reports By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 All motor carriers need to know about a new final rule the Federal Motor Carrier Safety Administration ("FMCSA") adopted on June 2, 2000. This new rule became effective on July 1, 2000.
No consequential damages on Carmack Amendment claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 The U.S. district court for the Northern District of Illinois recently issued an important decision in Linc Equipment Services, Inc. v. Signal Medical Services, Inc., 1999 WL 1144919 (N.D.Ill. 12/2/99).

Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.

Select a Different Author