No. 22-1006

Prime Insurance Company v. Darnell Wright

Lower Court: Seventh Circuit
Docketed: 2023-04-17
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: circuit-split federal-preemption financial-responsibility interstate-transportation intrastate-journey motor-carriers statutory-interpretation transportation
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a trip of an empty truck between two locations in the same state qualifies as 'transportation of property ... between a place in a State and ... a place in another State,' 49 U.S.C. 31139(b)(1)

Question Presented (OCR Extract)

QUESTION PRESENTED Congress requires motor carriers to maintain minimum levels of financial responsibility to cover liability “for the transportation of property ... between a place in a State and ... a place in another State.” 49 U.S.C. 31139(b)(1). Recognizing a circuit split on the meaning of that phrase, the Seventh Circuit held that the coverage requirement applies to liability arising from an intrastate journey by a truck carrying no property at all, adopting a novel interpretation of the statute that departed from the approaches of the two courts of appeals and three state high courts that previously addressed the issue. The question presented is: Whether a trip of an empty truck between two locations in the same state qualifies as “transportation of property ... between a place in a State and ... a place in another State,” 49 U.S.C. 31139(b)(1). @)

Docket Entries

2023-10-02
Petition DENIED.
2023-07-05
DISTRIBUTED for Conference of 9/26/2023.
2023-06-30
2023-06-16
2023-05-17
Motion for leave to file amicus brief filed by Trucking Industry Defense Association.
2023-05-01
Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
2023-04-28
Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
2023-04-13
Petition for a writ of certiorari filed. (Response due May 17, 2023)

Attorneys

Darnell Wright
David Arthur SingletonBlackburn Romey, Respondent
David Arthur SingletonBlackburn Romey, Respondent
Adina H. RosenbaumPublic Citizen Litigation Group, Respondent
Adina H. RosenbaumPublic Citizen Litigation Group, Respondent
Prime Insurance Company
Zachary D. TrippWeil, Gotshal & Manges LLP, Petitioner
Zachary D. TrippWeil, Gotshal & Manges LLP, Petitioner
Trucking Industry Defense Association
Meghan Eileen RueschLewis Wagner, LLP, Amicus
Meghan Eileen RueschLewis Wagner, LLP, Amicus
Michael Robert GiordanoLewis Wagner, LLP, Amicus
Michael Robert GiordanoLewis Wagner, LLP, Amicus
Robert Ray Foos Jr.Lewis Wagner, LLP, Amicus
Robert Ray Foos Jr.Lewis Wagner, LLP, Amicus