This week the FMC refused to reconsider a decision it made in June to remand the case to an administrative law judge.
The FMC said it was 'mindful of the fact that it has been more than seven years since CMH filed its August 1999 complaint requesting discovery. We urge the parties upon remand to cooperate with the ALJ to establish a schedule for the speedy completion of discovery, and encourage the ALJ to use his sound discretion to move these proceedings forward without any further delay.'
The CMH complaint stems from its eviction from the old Navy pier area in Charleston. CMH filed a complaint against the South Carolina State Ports Authority, Charleston Naval Complex Redevelopment Authority, and two private businesses. The FMC ruled that as government entities, the ports authority and redevelopment agency have sovereign immunity. It has removed the port authority's name from the case caption.
Without ruling on the merits of its complaint, the FMC said discovery in the CMH complaint against the two businesses, Charleston International Projects and Charleston International Ports, should proceed to discovery.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
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The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now