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Full-Text Articles in Law
Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin
Michigan Law Review
The petitioner delivered goods to respondent, a common carrier by motor vehicle, for shipment from Buffalo, New York, to New York City, with the route of shipment left unspecified. The goods were shipped over the carrier's interstate route at a higher tariff filed with the Interstate Commerce Commission rather than over its intrastate route at the lower tariff filed with the New York Public Service Commission. Alleging causes of action under the Motor Carrier Act and at common law, the petitioner brought a postshipment action in a federal district court seeking reparation of the difference paid. The court, after a …
Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel
Michigan Law Review
Plaintiffs, two interstate carriers and a municipal corporation, and defendants, four railroad companies, were parties to an investigation and suspension proceeding before the Interstate Commerce Commission. Section 15(7) of the Interstate Commerce Act allows the Commission to suspend the effectiveness of rate revisions proposed by carriers for seven months while it is deciding whether to approve them. If no decision is reached by the end of the suspension period, the proposed rates automatically become effective subject to a subsequent determination of their validity by the ICC. Expiration of the order suspending defendants' rate proposals was imminent when, in an unprecedented …