Section Newsletters

Articles on Transportation Law

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.
Surface Transportation Board exempts non-carrier acquisition of railroad property Energy, Utilities, Telecommunications, and Transportation, August 2002 Surface Transportation Board (Board) Chairman Linda J. Morgan announced on May 22, 2002 that the Board has issued a decision granting the Utah Transit Authority's (UTA) motion to dismiss, as unnecessary, UTA's verified notice of exemption from Board regulation to acquire almost 63 miles of the Union Pacific Railroad Company's (UP) railroad right-of-way and certain related improvements located in Davis, Webster, Salt Lake and Utah Counties, Utah.
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)
Surface Transportation Board affirms earlier decision that truck licensing issues—including definition of “household goods carrier”—should be resolved by federal motor carrier safety administration Energy, Utilities, Telecommunications, and Transportation, August 2001 Surface Transportation Board (Board) Linda J. Morgan announced on July 13, 2001 that the Board issued a decision affirming an earlier ruling that the determination of whether particular trucking companies were household goods carriers ("moving companies") should not be resolved by the Board but, rather by the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation (DOT).
Transportation law significance of negligent hiring claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 The Illinois Appellate Court's recent decision on the issue of negligent hiring in Strickland v. Communications & Cable of Chicago, 304 Ill. App. 3d 679, 710 N.E. 2d 55 (First Dist., 1999) is an important decision not only for purposes of employment law, but also for purposes of transportation law for the reasons detailed below.
Railroad which destroyed allegedly faulty container and the container’s owner both severely sanctioned when container destroyed before trial By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 What happens in a cargo damage derailment suit when the parties zero in on the condition of a container as the alleged cause of the derailment and the container is destroyed before expert inspections?
Transportation law updates By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 1999 The Illinois Supreme Court has ruled that employers are bound by the terms and provisions of their employment policies and are barred from making unilateral changes to existing employee rights established by those policies.
Recent news releases Energy, Utilities, Telecommunications, and Transportation, January 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that, to date, 22 written decisions have been issued by the board in the "Conrail" railroad control proceeding following the board's July 1998 approval of the application of CSX Corporation and CSX Transportation, Inc. (collectively, CSX) and Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, NS) to acquire control of Conrail Inc. and Consolidated Rail Corporation (collectively, Conrail) and to divide Conrail's assets between them.
Transportation law update By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 1999 In the update for this issue, we will again address recent rulings and decisions which impact on our transportation clients generally.

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