Owner-Operator Independent Drivers Assoc., et al. v. Supervalu, Inc., No. 09-3577 (8th Cir. 2011)
Annotate this CaseAppellants sued appellee under 49 U.S.C. 14103(a) for the reimbursement of fees associated with the loading and unloading of its trucks at appellee's facilities. Appellants subsequently appealed the district court's grant of summary judgment. The court concluded that the district court properly read section 14103(a) to preclude relief for unreimbursed "lumping" absent a plaintiff-trucker's affirmative showing that he or she was not reimbursed by either the shipper or the receiver. Therefore, the court affirmed the district court's order of summary judgment where appellants failed to identify any of its trucks whom a shipper had not already reimbursed.
Court Description: Civil case - Motor Carrier Act. In suit alleging Supervalu's insurance requirements for unloading trucks at its distribution centers violated the provisions of 49 U.S.C. Sec. 14103(a) by effectively requiring shippers to hire its preferred unloaders without reimbursement, the district court did not err in finding the statute did not impose on any particular party an unqualified duty to reimburse "lumping" fees; as a result, the district court did not err in granting summary judgment for Supervalu because plaintiffs failed to identify any of its truckers whom a shipper had not already reimbursed. Judge Colloton, concurring in the judgment.
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