Today, the Acting Solicitor General filed an invitation brief in Norfolk Southern Railway Co. v. Groves (09-1212), recommending that the Court deny certiorari.  At issue in the case is whether "consignee" can be properly defined in railroad tariffs as the party named as consignee on a bill of lading that physically accepts delivery of all freight consigned to it, or whether the definition of "consignee" in such tariffs must also require proof that the party so named on the bill of lading explicitly consented to being named as consignee before accepting delivery; whether the Supreme Court should resolve the circuit split over the definition of "consignee"; and whether the courts have subject matter jurisdiction to interpret the terms or expand the requirements of a railroad’s rail car demurrage tariff.  The Acting Solicitor General’s brief is available here.

Posted in Norfolk S. Railway Co. v. Groves, Cases in the Pipeline

Recommended Citation: Anna Christensen, New invitation brief, SCOTUSblog (Dec. 10, 2010, 2:56 PM), http://www.scotusblog.com/2010/12/new-invitation-brief-5/