Friday, August 26, 2011

Seventh Circuit -- Owner-Operator Indep v. FMCS

Rulemaking TKO'd for not taking into account statutory requirement.

Rule dealt with electronic monitoring of truckers.  Court held that rulemaking was arbitrary and capricious under State Farm as the agency hadn't ever considered a statutory mandate barring electronic devices from being used in a manner harassing to drivers.

Owner-Operator Indep v. FMCS
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.