Legal Opinion
In the Matter of Lifschultz Fast Freight Corporation, Debtor. Appeal of Bruce E. De Medici, Trustee for Lifschultz Fast Freight Corporation
Court of Appeals for the Seventh Circuit
Decided August 18, 1995No. 94-3661PublishedCited by 51 opinions
1Opinion of the Court
MANION, Circuit Judge.
Lifschultz is a common carrier that charged FDSI, one of its freight shipping customers, less than the freight rate it filed with the Interstate Commerce Commission. But under the “filed rate” doctrine a shipper is legally liable to the carrier for the rate filed with the Commission even if the carrier charged a lesser rate. Thus when Lifschultz went into bankruptcy, the Trustee, on behalf of the bankruptcy estate, sought to recover the difference between the filed rate and the charged rate. FDSI moved for summary judgment asserting that the Negotiated Rates Act of 1993…
2Cases cited26 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
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3Cited by51 opinions
- United States of America and Eunice Mathews v. Bank of FarmingtonCourt of Appeals for the Seventh Circuit · 1999
- Nancy Gracia v. Volvo Europa Truck, N v. a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1997
- Pacific Lumber Co. v. State Water Resources Control BoardCalifornia Supreme Court · 2006
- Ross-Tousey v. NearyCourt of Appeals for the Seventh Circuit · 2008
- Baltimore and Ohio Chicago Terminal Railroad Company v. Wisconsin Central LimitedCourt of Appeals for the Seventh Circuit · 1998
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