Section Newsletters

Articles on Energy

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).
Surface Transportation Board announces second volume of “Surface Transportation Board Reports” now available electronically or for hardcover sale Energy, Utilities, Telecommunications, and Transportation, April 2001 The Surface Transportation Board (Board) announced on January 23, 2001 that Volume 2 of Surface Transportation Board Reports is now available free of charge from the Board's Web site on the Internet.
Surface Transportation Board decides last trucking industry “undercharge” case, marking final resolution of the undercharge crisis Energy, Utilities, Telecommunications, and Transportation, April 2001 Surface Transportation Board (Board) Chairman Linda J. Morgan announced that, with the issuance of the Board's decision in the proceeding entitled Shuford Mills, Inc.--Petition for Declaratory Order--Certain Rates and Practices of Willig Freight Lines, Inc., STB No. 42018, the agency has resolved the last remaining case arising out of the trucking industry "undercharge crisis" of the 1990's.
Declining rail rates publication Surface Transportation Board Energy, Utilities, Telecommunications, and Transportation, January 2001 Surface Transportation Board (Board) Chairman Linda J. Morgan announced on December 14, 2000 that the Board's Office of Economics, Environmental Analysis, and Administration (OEEAA) has issued a study finding that railroad rates overall continued their multi-year decline in 1999, led by reductions in the rates charged to eastern coal and western grain.
Legal challenge to Aurora merchant power plant dismissed by circuit court By Boyd J. Springer Energy, Utilities, Telecommunications, and Transportation, January 2001 In response to the growing demand for electricity in Illinois and the Midwest, more than 40 natural gas-fired peaker and combined-cycle power plants are either under construction or planned for construction in Illinois.
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.
Suspended solids trading receives green light from Illinois Pollution Control Board By Sue A. Schultz Energy, Utilities, Telecommunications, and Transportation, January 2001 As anyone who has seen the Mississippi River will attest, it comes honestly by its nickname, "The Big Muddy." The river contains an enormous amount of silt and sediment.
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).
District court holds broker subject to cargo damage suit, but enforces limitation of liability from shipping documents By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 In Commercial Union Insurance Co. v. Forward Air, Inc., 1999 Fed. Car. Cases ¶49,240 (U.S. Dist. Court, S.D.N.Y., 6/14/99), the District Court denied in part and granted in part the defendant's Motion for Summary Judgment.
District court refers broker/ carrier dispute to DOT under primary jurisdiction and then takes the case back when DOT refuses to act! By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 Phoenix Assurance Company v. K-Mart Corp., 977 F.Supp. 319 (D.N.J. 1997) was another cargo loss and damage case involving property brokers.
No federal jurisdiction over broker claim for unpaid freight charges By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 In S&B Transportation Inc. v. Allan Distributors, 1999 Fed. Car. Cases ¶84, 104 (E.D.N.Y. 3/30/1999), the U.S. district court dismissed a broker's freight charge collection suit relating to interstate transportation for lack of federal jurisdiction.
OSHA remedy preempts truck driver’s wrongful discharge claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 The U.S. Court of Appeals for the Sixth Circuit has affirmed the dismissal of a truck driver's common law wrongful discharge claim in Barlow v. The Martin-Brower Company, 2000 U.S. App. LEXIS 443 (6th Cir., 1/5/2000).
U.S. District Court addresses broker cargo liability issues By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2000 The pending U.S. District Court action in Custom Cartage, Inc. v. Motorola, Inc. is providing well reasoned and important transportation law opinions addressing a number of issues, including broker responsibility for cargo loss and damage claims.
ADA claimant must request reasonable accommodation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2000 The U.S. Court of Appeals in Chicago affirmed a trial court's summary judgment in favor of an employer and against a former employee in an Americans With Disabilities Act case brought under 42 U.S.C. § 1201 in Robin v. Espo Engineering Corp., No. 98-3909 (served 1/13/00).
Illinois Court OOIDA’s challenge to Illinois Motor Fuel Use Tax Act By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2000 On December 2, 1999, the Circuit Court of Cook County, Illinois rejected a constitutional attack on the Illinois Motor Fuel Use Tax Act, 35 ILCS 505/13a, in Owner-Operator Independent Drivers Association ("OOIDA") v. Bower, 99 CH-02632, on a number of grounds.
Illinois unemployment insurance agency announces trucking industry audit By Dennis J. Duffy Energy, Utilities, Telecommunications, and Transportation, February 2000 In October, 1999, the Illinois Department of Employment Security (IDES) initiated a one year audit program targeting trucking companies in Illinois for compliance with the owner-operator/independent contractor employment exemption, as codified at 820 ILCS 405/212.1
Liability issues stemming from the use of owner-operators By Timothy W. Wiseman Energy, Utilities, Telecommunications, and Transportation, February 2000 Over the past two years, there have been several class action lawsuits filed across the country against various motor carriers for alleged unfair and illegal leasing practices.
Using watershed partnerships to manage source water quality By Daniel J. Kucera Energy, Utilities, Telecommunications, and Transportation, February 2000 Under the current legal regulatory scheme, water utilities are responsible to treat source water to specified standards, regardless of the cause of any contamination in the source water.
Recent news releases Energy, Utilities, Telecommunications, and Transportation, May 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that the board has terminated its consideration of two more rail rate complaints after the parties reached negotiated settlements.

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