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Prime Insurance Company v. Darnell Wright
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1002 · judgment January 13, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a petition filed soon after the judgment below.
Question presented
Congress requires motor carriers to maintain minimum levels of financial responsibility to cover liability “for the transportation of property … between a place in a State and … a place in another State.” 49 U.S.C. 31139(b)(1). Recognizing a circuit split on the meaning of that phrase, the Seventh Circuit held that the coverage requirement applies to liability arising from an intrastate journey by a truck carrying no property at all, adopting a novel interpretation of the statute that departed from the approaches of the two courts of appeals and three state high courts that previously addressed the issue. The question presented is: Whether a trip of an empty truck between two locations in the same state qualifies as “transportation of property … between a place in a State and … a place in another State,” 49 U.S.C. 31139(b)(1). (i)
Counsel of record
For petitioner
Zachary D. Tripp
Weil, Gotshal & Manges LLP
For respondent
David Arthur Singleton
Blackburn Romey
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jul 05 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 30 2023Reply of petitioner Prime Insurance Company filed. (Distributed)
- Jun 16 2023Brief of respondent Darnell Wright in opposition filed.
- May 17 2023Amicus brief of Trucking Industry Defense Association not accepted for filing. (July 05, 2023) (Petitioner re-filed using motion)
- May 17 2023Motion for leave to file amicus brief filed by Trucking Industry Defense Association.
- May 01 2023Motion to extend the time to file a response is granted and the time is extended to and including June 16, 2023.
- Apr 28 2023Motion to extend the time to file a response from May 17, 2023 to June 16, 2023, submitted to The Clerk.
- Apr 13 2023Petition for a writ of certiorari filed. (Response due May 17, 2023)