No. 18-610

TiEnergy, LLC v. Wisconsin Central Ltd.

Lower Court: Seventh Circuit
Docketed: 2018-11-09
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure consignee-liability contract contract-law demurrage-charges seventh-circuit shipping-law statutory-interpretation summary-judgment
Key Terms:
Immigration LaborRelations
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether a party who has not agreed to be a consignee can nevertheless be liable for demurrage charges as a matter of law

Question Presented (from Petition)

QUESTION PRESENTED For a consignee to be liable for demurrage it must agree to be a consignee for the goods being shipped as the liability for such charges is based in contract. In this case the District Court granted the Plaintiff's motion for summary judgment and found that the Defendant was liable for demurrage charges even though it never agreed to be a consignee and was designated by the shipper as a consignee without its knowledge or consent. The Seventh Circuit affirmed. The question presented is whether a party who has not agreed to be a consignee can nevertheless be liable for demurrage charges as a matter of law.

Docket Entries

2019-01-14
Petition DENIED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondent Wisconsin Central, Ltd. to respond filed.
2018-11-06
Petition for a writ of certiorari filed. (Response due December 10, 2018)

Attorneys

Tienergy LLC
Robert Dale KolarTressler LLP, Petitioner
Robert Dale KolarTressler LLP, Petitioner
Wisconsin Central, Ltd.
John Kenneth FiorillaDyer & Peterson, Respondent
John Kenneth FiorillaDyer & Peterson, Respondent