Thursday, August 11, 2011

Eighth Circuit -- Owner-Operator Independent v. Supervalu, Inc

Owner-Operator Independent v. Supervalu, Inc

Where truckers incur special costs in offloading at a certain depot, they have an affirmative duty to prove that no third party (e.g., the shipper)  has reimbursed their costs before invoking a statutory c/a.

Extensive discussion of legislative intent/ statutory construction.

Concurrence: There is no statutory c/a.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.