Time is on your side

Owner-Operator Independent Drivers Association filed a lawsuit Dec. 6 in federal court in St. Paul, Minn. against the Supervalu grocery store chain, claiming the store is practicing illegal lumping procedures. OOIDA president Jim Johnston said that since March 2005, Supervalu required truckers to pay a fee to have cargo unloaded unless they could show proof of high liability insurance coverage. Supervalu now requires only the standard $750,000 liability coverage, but OOIDA still seeks a court-instructed requirement and reimbursement.

J.B. Hunt is asking a judge to declare that its hiring of Stevens Transport drivers does not constitute tortuous interference with contracts between Dallas-based Stevens and its drivers. In the event that J.B. Hunt’s employment of those drivers is deemed interference, the Lowell, Ark.-based carrier asked the U.S. District Court in Fayetteville, Ark., to declare that the interference is justified by competition. (Case No. CV 2005-5164)

U.S. Supreme Court ruled in favor of Volvo Trucks North America in a dispute with one of its dealers regarding competitive pricing practices as regulated by the Robinson-Patman Act. The dealer, Reeder-Simco GMC, had contended that its sales and profits declined because Volvo offered other dealers more favorable price concessions. In reversing lower court rulings in the case, the Supreme Court’s 7-to-2 decision held that a manufacturer is not liable for discrimination absent a showing that it discriminated between dealers competing to resell its product to the same retail customer.

Q Must notice of a cargo claim be filed with the carrier within nine months in order to be pursued?

A Statute 49 C.F.R.