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Yellow Transportation, Inc. v. Michigan, et al. October 7, 2002 (01-270) return to case listing 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   return to case listing