Supreme Court of the United States · Official docket →
TiEnergy, LLC v. Wisconsin Central Ltd.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2343 · judgment July 3, 2018
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
- Jan 14 2019Petition DENIED.
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 20 2018Waiver of right of respondent Wisconsin Central, Ltd. to respond filed.
- Nov 06 2018Petition for a writ of certiorari filed. (Response due December 10, 2018)