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S. Furniture Leasing, Inc. v. YRC, Inc., — F.3d —, 2021 WL 800248 (10th Cir. Mar. 3, 2021) – AMP

Mar 3, 2021

The Tenth Circuit affirmed the district court’s dismissal of this putative class action against several trucking companies for allegedly overcharging shippers by using inflated shipment weights when determining shipment prices.  The court interpreted § 13710(a)(3) of the Trucking Industry Regulatory Reform Act and held that the 180-day time limit described in that section applies to all claims brought by a shipper seeking to contest shipment charges, and not just to actions before the Surface Transportation Board.  The court held that the plaintiffs’ claims were time-barred because they were not brought within 180 days.