Seventh Circuit affirms injunction against city’s ban on truck traffic
By Corey B. Stern
Energy, Utilities, Telecommunications, and Transportation,
April 2005
In Crest Hill Land Development, LLC. v. City of Joliet, No. 04-2565 (01/25/05), the U.S. Court of Appeals for the Seventh Circuit affirmed a trial court judgment which enjoined the City of Joliet from banning truck traffic on a locally designated highway.
Seventh Circuit addresses COGSA, the Hague Rules and Illinois bailment law in non-Carmack cargo litigation
By Corey B. Stern
Energy, Utilities, Telecommunications, and Transportation,
December 2003
In Indemnity Insurance Company of North America, as subrogee of Lowe's Companies, Inc., v. Hanjin Shipping Company, O'Hare Services, and Channel Distribution, Case Nos. 02-2822 and 02-2933 (7th Cir. 10/31/03), the U.S. Court of Appeals for the 7th Circuit has held that plaintiff Indemnity Insurance Company of North America ("Indemnity") could not recover damages from defendant Hanjin Shipping Company ("Hanjin") on an international shipment that moved under Hanjin's waybill.
Seventh Circuit sets standards for measuring Carmack damages
By Corey B. Stern
Energy, Utilities, Telecommunications, and Transportation,
December 2003
The U.S. Court of Appeals for the Seventh Circuit has addressed important liability and damage issues arising out of litigation brought against motor carriers under the Carmack Amendment, 49 U.S.C. §14706. In American Nat'l Fire Insurance Co. as subrogee of Tabacalera Contreras Cigar Co. v. Yellow Freight Systems, Inc., Case Nos. 02-1639 and 02-1741 (7th Cir. 1/10/03), the court held that the plaintiff subrogee American Nat'l Fire Insurance Co. (National Insurance) had established its case against the defendant motor carrier Yellow and was entitled to recover damages for freight, taxes, fees, and insurance on the damaged portion of the shipment at issue.
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