United States Eighth Circuit

In a suit against a federally registered motor carrier alleging violations of the Secretary of Transportation's Truth-in-Leasing regulations, dismissal is affirmed in part and reversed in part where: 1) the district court erred in dismissing certain claims since damage actions under 49 U.S.C. section 14704(a)(2) are subject to the general four-year statute of limitations found in 28 U.S.C. section 1658 for civil actions arising under federal statutes rather than the two-year statute of limitations found in 49 U.S.C. section 14705(c); and 2) the district court correctly dismissed a claim after concluding that an applicable regulation permits registered motor carriers to charge back the costs of PL/PD insurance.

Appellate Information

• Decided 02/12/2009
• Published 02/12/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, EBEL  and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul D. Cullen, Jr., argued, Washington, DC, Paul D. Cullen, Sr., David A. Cohen, Washington, DC, and Thomas Alan Sheehan, Prairie Village, KS, on the brief, for appellants.


• For Appellees:
  
• Michael J. Morris, argued, W. David Wells and Thomas L. Azar, on the brief, St. Louis, MO, for appellee.