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Supreme Court decides Dan's City Used Cars, Inc. v. Pelkey

Faegre Baker Daniels
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USA
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May 13 2013

On May 13, 2013, the U.S. Supreme Court decided Dan's City Used Cars, Inc. v. Pelkey (No. 12-52), holding that Section 14501(c)(1) of the Federal

Not so fast

Bullivant Houser Bailey PC
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USA
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May 8 2013

The propulsion issue of this magazine is a good place to examine the law pertaining to vessel speed. A vessel's speed may be governed by federal

Court of Appeals holds oral argument in railroad fuel surcharge litigation

Thompson Hine LLP
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USA
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May 3 2013

On May 3, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held its scheduled oral argument on the railroads' petition for leave

High Speed Rail Authority ready for construction after settling environmental lawsuits

Stoel Rives LLP
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USA
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April 23 2013

On the eve of target date to commence construction, the California High-Speed Rail Authority (the "Authority") managed to settle the remaining

A durable power of attorney probably isn’t sufficient to empower a broker to sue under Carmack

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Shipper Macias engaged broker Pyramid Transportation to arrange transit of a dump truck from Georgia to Texas. Pyramid booked the load with carrier

And on the same topic broker contingent cargo liability insurance coverage

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Freight broker CDN Logistics purchased a policy from insurer Crum & Forster that included contingent cargo liability (CCL) and motor truck cargo (MTC

Cargo loaders can’t escape liability or exposure to high damages on summary judgment

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Shipper Cellu Tissue hired the Boldt Company to load and stow in a trailer a used “wrapper,” which is a heavy and sensitive piece of equipment that

Absence of evidence of latent defect in cargo securement leads to summary judgment dismissal of injured driver’s personal injury claim

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Experienced driver Aragon saw that freight loaded by shipper Wal-Mart hadn’t been strapped or loadlocked as would be required by contractual carrier

Illinois’ conversion from contributory to comparative fault in joint tortfeasor analysis nixes active-passive negligence analysis in stolen container issue

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Shipper Eddie Bauer Fulfillment Services booked a load of blue jeans with broker LCG Logistics, which in turn placed the freight with carrier

A motor carrier’s use of an owner-operator doesn’t morph it into a broker for insurance purposes (or otherwise)

Foster Pepper & Shefelman PLLC
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USA
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April 19 2013

Insurer Great West issued a policy to motor carrier COBRA Trucking which specifically excluded coverage for brokerage operations. COBRA had a contract

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Supreme Court decides Dan's City Used Cars, Inc. v. Pelkey

Not so fast

Court of Appeals holds oral argument in railroad fuel surcharge litigation

High Speed Rail Authority ready for construction after settling environmental lawsuits

A durable power of attorney probably isn’t sufficient to empower a broker to sue under Carmack

And on the same topic broker contingent cargo liability insurance coverage

Cargo loaders can’t escape liability or exposure to high damages on summary judgment

Absence of evidence of latent defect in cargo securement leads to summary judgment dismissal of injured driver’s personal injury claim

Illinois’ conversion from contributory to comparative fault in joint tortfeasor analysis nixes active-passive negligence analysis in stolen container issue

A motor carrier’s use of an owner-operator doesn’t morph it into a broker for insurance purposes (or otherwise)

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