Interstate Commerce Commission v. Transcon Lines

17 Citing cases

  1. In re Apex Express Corp.

    190 F.3d 624 (4th Cir. 1999)   Cited 356 times
    Holding debtor's pre-petition based contract claim against party who had not filed a proof of claim with the bankruptcy court was a non-core proceeding

    See 49 U.S.C.A. § 10743(a), (b) (West 1995). Under the regulations established by the ICC, Humboldt had to show (1) that it gave notice to Wise of its late payment penalty provisions; (2) that it sent out the original freight bill; (3) that payment was not received within thirty days of presentation of this bill; (4) that it sent out a Past Due freight bill within 90 days after the original thirty day period had elapsed (i.e., within 120 days of original billing); and (5) that the Past Due bill was revised in that it imposed a late payment penalty. See 49 CFR part 1320.2(g) (1996); Interstate Commerce Commission v. Transcon Lines, 513 U.S. 138, 148-49 (1995). See also, e.g., Dillard Department Stores, Inc. — Petition for Declaratory Order — Certain Rates and Practices of P*I*E Nationwide, Fed. Carr. Cas. (CCH) P 38,188, 1995 WL 277124 (I.C.C. May 12, 1995).

  2. In re Friedman's Exp., Inc.

    184 B.R. 229 (Bankr. E.D. Pa. 1995)   Cited 3 times

    Defendants assert that the complaints are so vague and ambiguous that it is unreasonable to require them to file responsive pleadings. In particular, defendants maintain that the complaints are defective in that: (1) plaintiff failed to identify and exclude claims which may be barred by the United States Supreme Court's recent decision in ICC v. Transcon Lines, 513 U.S. 138, 115 S.Ct. 689, 130 L.Ed.2d 562 (1995); (2) plaintiff failed to adequately identify the nature and basis of claims which may be eligible for resolution under the provisions of the Negotiated Rates Act of 1993 ("NRA"), P.L. 103-180, 107 Stat. 2044 (Dec. 3, 1993); and (3) plaintiff failed to identify the nature and basis of state law claims which may be barred from federal adjudication by the abstention doctrine. In addition, defendant Reynolds alleges that the complaint contradicts previous demands for payment made by plaintiff prior to the filing of the complaint.

  3. TON Services, Inc. v. Qwest Corp.

    493 F.3d 1225 (10th Cir. 2007)   Cited 103 times
    Finding that if a pending FCC action could impact the outcome of district court litigation, "this court has previously assumed a stay is appropriate."

    Because "[c]arriers must comply with the comprehensive scheme provided by the statute and regulations promulgated under it[,]" the failure to comply "may justify departure from the filed rate." ICC v. Transcon Lines, 513 U.S. 138, 147, 115 S.Ct. 689, 130 L.Ed.2d 562 (1995). At this stage of the litigation, where the procedural posture of the case requires all allegations in the complaint to be construed in TON's favor and this court's reading of TON's complaint demonstrates that TON's central challenge involves Qwest's procedural compliance with FCC orders and regulations rather than a challenge to the reasonableness of Qwest's rates, the filed rate doctrine cannot categorically preclude TON's claims.

  4. Davel Commc'n, Inc. v. Qwest Corp.

    451 F.3d 1037 (9th Cir. 2006)   Cited 106 times
    Holding that "where . . . the allegations of the complaint do not necessarily require the doctrine's applicability, then the primary jurisdiction doctrine may not be applied on a motion to dismiss"

    This principle applies to regulations implementing the statutory command as well as to the statute itself. See ICC v. Transcon Lines, 513 U.S. 138, 147, 115 S.Ct. 689, 130 L.Ed.2d 562 (1995) ("Carriers must comply with the comprehensive scheme provided by the statute and regulations promulgated under it, and their failure to do so may justify departure from the filed rate."). That is to say, the filed-tariff doctrine is "open to repudiation by the FCC."

  5. Jones Truck Lines, Inc. v. Republic Tobacco, Inc.

    178 B.R. 999 (Bankr. N.D. Ill. 1995)   Cited 16 times

    The heightened competition resulting from the partial deregulation forced large numbers of carriers to file for bankruptcy. Once a carrier filed for bankruptcy, the trustee generally would seek to enforce the "filed rate doctrine" under the ICA and, much to the dismay of the shipping industry, pursue actions to collect the difference between the filed rate and the negotiated rate (the "undercharge"). See Interstate Commerce Comm'n v. Transcon Lines, ___ U.S. ___, ___, 115 S.Ct. 689, 692, 130 L.Ed.2d 562 (1995). In response to the cries for relief by shippers, the ICC implemented a "negotiated rates" policy, wherein the ICC departed from a strict adherence to the filed rate doctrine and instead evaluated the circumstances surrounding the rate negotiated between the carrier and the shipper to determine whether it was reasonable.

  6. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,622 times   41 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

    In delineating the types of delegations of agency authority that trigger C hevron deference, it is therefore important to determine whether a plausible case can be made that Congress would want such a delegation to mean that agencies enjoy primary interpretational authority"). For rulemaking cases, see, e.g., Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 20-21 (2000); United States v. Haggar Apparel Co., 526 U.S. 380 (1999); ATT Corp. v. Iowa Utilities Bd., 525 U.S. 366 (1999); Atlantic Mut. Ins. Co. v. Commissioner, 523 U.S. 382 (1998); Regions Hospital v. Shalala, 522 U.S. 448 (1998); United States v. O'Hagan, 521 U.S. 642 (1997); Smiley v. Citibank (South Dakota), N. A., 517 U.S. 735 (1996); Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995); ICC v. Transcon Lines, 513 U.S. 138 (1995); PUD No. 1 of Jefferson Cty. v. Washington Dept. of Ecology, 511 U.S. 700 (1994); Good Samaritan Hospital v. Shalala, supra; American Hospital Assn. v. NLRB, 499 U.S. 606 (1991); Sullivan v. Everhart, 494 U.S. 83 (1990); Sullivan v. Zebley, 493 U.S. 521 (1990); Massachusetts v. Morash, 490 U.S. 107 (1989); K mart Corp. v. Cartier, Inc., 486 U.S. 281 (1988); Atkins v. Rivera, 477 U.S. 154 (1986); United States v. Fulton, 475 U.S. 657 (1986); United States v. Riverside Bayview Homes, Inc., 474 U.S. 121 (1985). For adjudication cases, see, e.g., INS v. Aguirre-Aguirre, 526 U.S. 415, 423-425 (1999); Federal Employees v. Department of Interior, 526 U.S. 86, 98-99 (1999); Holly Farms Corp. v. NLRB, 517 U.S. 392 (1996); ABF Freight System, Inc. v. NLRB, 510 U.S. 317, 324-325 (1994); National Railroad Passenger Corporation v. Boston Maine Corp., 503 U.S. 407, 417-418 (1992); Norfolk Western R. Co. v. Train Dispatchers, 499 U.S. 117, 128 (1991); Fort Stewart Schools v. FLRA, 495 U.S. 641, 6

  7. Louisiana Pub. Svc. Comm. v. Fed. E. R. Comm

    174 F.3d 218 (D.C. Cir. 1999)   Cited 13 times

    We bear in mind, however, that "[w]hen a federal court of appeals reviews an administrative agency's choice of remedies to correct a violation of a law the agency is charged with enforcing, the scope of judicial review is particularly narrow." National Treasury Employees Union v. FLRA, 910 F.2d 964, 966-67 (D.C. Cir. 1990) (en banc); see also ICC v. Transcon Lines, 513 U.S. 138, 145 (1995); Towns of Concord, 955 F.2d at 76 (explaining that the words "necessary or appropriate" in FPA § 309, 16 U.S.C. § 825h, evince Congress' intent to leave refund determinations to the Commission's "expert judgment"). Indeed, "the breadth of agency discretion is, if anything, at [its] zenith when the action assailed relates primarily not to the issue of ascertaining whether conduct violates the statute, or regulations, but rather to the fashioning of policies, remedies and sanctions . . . in order to arrive at maximum effectuation of Congressional objectives." Niagara Mohawk Power Corp. v. FPC, 379 F.2d 153, 159 (D.C. Cir. 1967).

  8. In re Transcon Lines

    89 F.3d 559 (9th Cir. 1996)   Cited 22 times
    Describing the substantial evidence standard

    As the Supreme Court has recognized, the filed rate doctrine is very important, but it does not bar the ICC from enforcing other statutory or regulatory provisions that necessarily interact with, or even conflict with, the filed rate doctrine. See, e.g., ICC v. Transcon Lines, 115 S.Ct. 689, 695 (1995) (filed rate doctrine does not bar ICC from "requiring departure from a filed rate when necessary to enforce other specific and valid regulations [such as the ICC's credit regulations]"); Reiter, 113 S.Ct. 1213 (filed rate doctrine does not bar shipper claims for damages based on unreasonable rates). [11] The evidence here persuasively demonstrates that the parties intended to engage, and actually did engage, in continuous shipping arrangements involving the satisfaction of distinct needs on the part of Shippers.

  9. In re Jones Truck Lines, Inc.

    57 F.3d 642 (8th Cir. 1995)   Cited 19 times
    Finding that economic impact was too speculative to support a takings claims

    Even had the NRA not been enacted, shippers may have been able to defeat the claims by counterclaiming that the filed rate was unreasonable. Reiter v. Cooper, ___ U.S. ___, ___-___, 113 S.Ct. 1213, 1217-21, 122 L.Ed.2d 604 (1993); cf. ICC v. Transcon Lines, ___ U.S. ___, ___, 115 S.Ct. 689, 695, 130 L.Ed.2d 562 (1995); Trans-Allied Audit Co. v. I.C.C., 33 F.3d 1024 (8th Cir. 1994). Causes of action are also not fully vested interests until reduced to final judgment.

  10. Interstate Commerce Comm. v. Transcon Lines

    46 F.3d 970 (9th Cir. 1995)

    ORDER In ICC v. Transcon Lines, ___ U.S. ___, 115 S.Ct. 689, 130 L.Ed.2d 562 (1995), the Supreme Court reversed this court's affirmance of the district court's grant of summary judgment to the appellees as to the collection of the bureau rate on overdue accounts. The Supreme Court did not consider the other aspects of this court's decision in ICC v. Transcon Lines, 990 F.2d 1503 (9th Cir. 1993) (as amended).