Energy, Utilities, Telecommunications & Transportation Law

The newsletter of the ISBA’s Section on Energy, Utilities, Telecommunications & Transportation Law

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2005 Articles

Court finds no FMCSR duty stated against motor carrier or shipper for loading issues By William D. Brejcha April 2005 In Turner v. Goodyear Tire & Rubber Co., No. 02 C-5012 (12/1/04), Judge Samuel DerYeghiayan of the U.S. Court for the Northern District of Illinois held that the Federal Motor Carrier Safety Regulations (“FMCSA”) in 49 C.F.R. Part 390 et seq. created no duty for either motor carriers or shippers regarding the loading or unloading of interstate shipments on private property.
District court finds actual carrier notice of cargo loss excuses late shipper claim By William D. Brejcha 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 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.
Energy Policy Act of 2005—Summary of Electricity Title By William J. Harmon December 2005 The following is a summary of the provisions of the Energy Policy Act of 2005 relating to the electric industry and the bill’s tax provisions, other than the bill’s renewable energy tax provisions, which are covered in a separate article.
Federal legislation exempts utility drivers from hours of service regulations By Michael S. Pabian September 2005 Last month, Congress passed and President Bush signed a six-year highway program funding reauthorization bill.
Illinois Appellate Court finds MCS-90 endorsement inapplicable to owner operator’s claim By William D. Brejcha June 2005 On April 6, 2005, the Illinois Appellate Court for the First District issued its decision in Canal Insurance v. A&R Transportation and Warehouse, LLC., Case No. 1-04-0881.
Illinois Commerce Commission sets to work on implementing Governor Blagojevich’s Sustainable Energy Plan for electric utilities and alternative retail electric suppliers By Michael S. Pabian June 2005 In February of this year, Governor Blagojevich announced his Sustainable Energy Plan for the state and sent that Plan with his strong recommendation to Chairman Ed Hurley of the Illinois Commerce Commission for the Commission's consideration.
Illinois Supreme Court finds NI-Gas has a duty to warn customers of faulty appliance connectors By Michael S. Pabian June 2005 In Adams v. Northern Illinois Gas Company, plaintiff's decedent was killed in a gas explosion when gas leaked in her home because of a faulty appliance connector.
President signs Energy Policy Act of 2005 By Michael S. Pabian September 2005 On August 5, President Bush signed the Energy Policy Act of 2005 into law. The conference report exceeded 500 pages and contains many significant provisions. Here is a high-level overview.
Seventh Circuit affirms injunction against city’s ban on truck traffic By Corey B. Stern 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.
When’s a contract a contract? By William D. Brejcha September 2005 The U.S. Court of Appeals in Chicago has reversed a $5 million breach of contract judgment which an Illinois motor carrier obtained against a truck manufacturer in PFT Roberson, Inc. v. Volvo Trucks North America, Inc., Case No. 04-3100, decided August 25, 2005.