Federal Law Liability for Freight Rate to Motor Carrier (49 U.S.C. § 13706) / Plaintiff had stated a cause of action “based on defendant’s failure to pay freight charges as incurred” and held that defendant was liable based on two legal theories – (1) breach of contract (“pursuant to Bills of Lading”) and – separately and in parallel – (2) 49 U.S.C. § 13706 (“Liability for payment of rates [to motor carriers]”).

What I find noteworthy is that the court cited both breach of contract (per bill of lading) and also 49 U.S.C. § 13706 as a separate and apparently distinct and independent grounds of motor carrier’s recovery.

Pitt-Ohio Exp., LLC v. Omega International Corp., Slip copy, 2013 WL 597598 (U.S. District Court for the District of Maryland, February 15, 2013). Free copy available here.