DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073829P.pdf 02/12/2009 Owner-Operator Independent v. United Van Lines
U.S. Court of Appeals Case No: 07-3829
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Ebel and Colloton, Circuit Judges]
Civil case. Damage actions under 49 U.S.C. Sec. 14704(a)(2) are
subject to the four-year statute of limitations found in 28 U.S.C. Sec.
1658 for civil actions arising under federal statute, and the district court
erred in dismissing individual owner-operators' claims alleging violation
of the Secretary of Transportation's Truth-in-Leasing regulations as
barred by a two-year statute of limitations found in 49 U.S.C. Sec.
14705(C); however, the court did not err in dismissing plaintiffs' claims
that defendant improperly charged back the cost of federally-mandated
public liability and property damage as the legislation requiring registered
carriers to post a bond or carry such insurance does not specify which
party is required to bear the cost and the regulations implementing the
legislation do not prohibit defendant from charging the owner-operator.