Articles From William D. Brejcha | Illinois State Bar Association

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.

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.

Massachusetts district court denies summary judgment in concealed damage case where claim filed thirteen months after delivery By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Norpin Manufacturing Co., Inc. v. CTS Con-Way Transportation Services, Inc., 1999 WL 754038 (D. Mass.) ____F. Supp. 3d ____ (decided 9/21/99), the U.S. District Court for the District of Massachusetts denied a motor carrier's motion for summary judgment in a cargo loss and damage claim brought under the Carmack Amendment at 49 U.S.C. §14706 even though the plaintiff shipper's initial claim for cargo damage was not filed with the defendant motor carrier until thirteen months after delivery.

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?

U.S. District Court finds Carmack Amendment claim against property broker does not preempt state law claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 89563 (N.D. Ill. 2/16/99), Custom filed a declaratory judgment suit against Motorola in the U.S. District Court for the Northern District of Illinois wherein it asserted that because it was a property broker, it owed nothing to Motorola after one million dollars worth of goods were stolen from a truck which Custom had hired to move Motorola's freight from Harvard, IL to Miami, FL.

U.S. District Court grants partial summary judgment against contract carrier in Carmack Amendment litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 965686 (N.D. Ill., 10/15/99), Motorola brought a Carmack Amendment claim under 49 U.S.C. §14706(a)(1) against J&P Transport and moved for summary judgment against that entity as the originating carrier on a load of telephones that moved from Harvard, IL and to Miami, FL and was short one million dollars worth of cargo on arrival at destination.

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.

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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