Imports, Etc., LTD. v. ABF Freight System, Inc.: The Eighth Circuit Confuses Rather than Clarifies the Deregulation of the Trucking Industry by Applying the Filed Rate Doctrine
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Authors
Long, Jennifer J.
Issue Date
2000
Volume
33
Issue
2
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In modern American society, extensive federal regulation is both accepted and expected. Agency regulation, as we know it today, was born in 1887 when Congress passed the Interstate Commerce Act ("ICA") and created the Interstate Commerce Commission ("ICC"), the first regulatory agency. Congress enacted the ICA to regulate the railroad industry and solve the problems associated with the burgeoning industry. One of the major problems Congress targeted in the ICA was the widespread discrimination that existed in pricing. Congress dealt with the problem by subjecting railroads, or common carriers, who offered their services to the general public to federal regulation. These common carriers were required to charge the same rate to all persons who received the same service. To ensure the correct rates were charged and those receiving enhanced services were charged higher rates, Congress required the railroads to file detailed tariffs with the ICC, which listed all rates and other related details such as routes. Railroads were bound to their "filed rates." When courts examined the anti-discrimination provisions of the ICA, they consistently and strictly enforced the rate filing and charging...
Description
Citation
33 Creighton L. Rev. 305 (1999-2000)
Publisher
Creighton University School of Law