Yellow Transportation, Inc. v. Michigan, et al.
October 7, 2002 (01-270)
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Case Summary
This case concerns interpretation of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), 49 U.S.C. 11506, et seq. Petitioner Yellow Transportation claims that the state collected registration fees in excess of the amount allowed under the ISTEA, which restricts a state's registration fees to an amount "equal to the fee...that such state collected or charged as of November 15, 1991." Petitioner argues that in determining the amount of the fee charged or collected on November 15, 1991, one must consider the effect that any then existing reciprocity agreements with other states had on the fees. The Supreme Court of Michigan held that in determining the "fee...collected or charged" under the ISTEA, the state's reciprocity agreements are irrelevant and only a state's generic fee is relevant in determining the fee that was collected or charged as of November 15, 1991. The Michigan court's decision is found at 627 N.W.2d 236.

To see the opinion of the lower court, click here.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
5-4 to Reverse 9-0 to Reverse 6-3 to Affirm 9-0 to Reverse 9-0 to Reverse
VOTING TO REVERSE
Rehnquist
O'Connor
Souter
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Stevens
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
VOTING TO AFFIRM
Stevens
Scalia
Kennedy
Thomas
Rehnquist
O'Connor
Scalia
Kennedy
Souter
Thomas
 

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