New invitation brief

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.