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TiEnergy, LLC v. Wisconsin Central Ltd.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2343 · judgment July 3, 2018


Certiorari denied · January 14, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

For a consignee to be liable for demurrage it must agree to be a consignee for the goods being shipped as the liability for such charges is based in contract. In this case the District Court granted the Plaintiff’s motion for summary judgment and found that the Defendant was liable for demurrage charges even though it never agreed to be a consignee and was designated by the shipper as a consignee without its knowledge or consent. The Seventh Circuit affirmed. The question presented is whether a party who has not agreed to be a consignee can nevertheless be liable for demurrage charges as a matter of law.

Counsel of record

For petitioner
Robert Dale Kolar
Tressler LLP

For respondent
John Kenneth Fiorilla
Dyer & Peterson

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 20 2018
    Waiver of right of respondent Wisconsin Central, Ltd. to respond filed.
  4. Nov 06 2018
    Petition for a writ of certiorari filed. (Response due December 10, 2018)