Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 460 U.S. 533 (1983). · Go Syfert
Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 460 U.S. 533 (1983). Cases Citing This Book View Copy Cite
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cited 25× by 8 distinct cases, 1988–2020 · 8 courts · …needless to say, only this court may overrule one of its precedents. at p. 535
675 citation events (283 in the last 25 years) across 66 distinct courts.
Strongest positive: United Van Lines, LLC v. Clark (txwd, 2023-08-08)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United Van Lines, LLC v. Clark (2×) also: Cited as authority (rule)
W.D. Tex. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a carrier's claim is, of necessity, predicated on the tariff-not an understanding with the shipper.
discussed Cited as authority (verbatim quote) United States v. Dana Cline
8th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
needless to say, only this court may overrule one of its own decisions.
discussed Cited as authority (verbatim quote) Commonwealth v. Koehler, J.
Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (verbatim quote) Eileen A. Logan v. Denny's, Inc. (5×) also: Cited as authority (quoted)
6th Cir. · 2001 · quote attribution · 5 verbatim quotes · confidence high
needless to say, only this court may overrule one of its precedents. until that occurs, is the law, and the decision below cannot be reconciled with it.
examined Cited as authority (verbatim quote) American Civil Liberties Union v. Black Horse Pike Regional Board of Education (4×) also: Cited as authority (quoted)
3rd Cir. · 1996 · quote attribution · 4 verbatim quotes · confidence high
only court may overrule one of its precedents" and until such occurs, precedent "is still good law
examined Cited as authority (quoted) President & Fellows of Harvard College v. Micron Technology, Inc. (3×)
D. Mass. · 2017 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) Hand Held Products, Inc. v. Code Corp. (3×)
D.S.C. · 2017 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) Cobalt Boats, LLC v. Sea Ray Boats, Inc. (3×)
E.D. Va. · 2017 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) United States v. Marc Turner (4×) also: Cited as authority (rule)
9th Cir. · 2012 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) United States v. Allen (3×)
6th Cir. · 2007 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) Newdow v. Eagen (3×)
D.D.C. · 2004 · quote attribution · 3 verbatim quotes · confidence low
needless to say, only court may overrule one of its precedents.
examined Cited as authority (quoted) Allapattah Services, Incorporated v. Exxon Corporation (6×)
11th Cir. · 2004 · quote attribution · 6 verbatim quotes · confidence low
nly this court may overrule one of its precedents.
examined Cited as authority (quoted) United States v. Sills (3×)
A.F.C.C.A. · 2002 · signal: see · quote attribution · 3 verbatim quotes · confidence high
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of Education (3×)
3rd Cir. · 1996 · quote attribution · 3 verbatim quotes · confidence low
only court may overrule one of its precedents" and until such occurs, precedent "is still good law
examined Cited as authority (quoted) G & T TRUCKING CO. v. GFI America, Inc. (3×)
Minn. Ct. App. · 1995 · quote attribution · 3 verbatim quotes · confidence low
a carrier's claim is, of necessity, predicated on the tariff - not an understanding with the shipper.
examined Cited as authority (quoted) Trans-Allied Audit Co. v. Ram Trans, Inc. (3×)
D. Colo. · 1989 · quote attribution · 3 verbatim quotes · confidence low
the interstate commerce act requires carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment
examined Cited as authority (quoted) Johnson v. O'BRIEN (6×)
Minn. Ct. App. · 1988 · quote attribution · 6 verbatim quotes · confidence low
needless to say, only this court may overrule one of its precedents.
examined Cited as authority (quoted) Motor Carrier Audit & Collection Co. v. Family Dollar Stores, Inc. (3×)
W.D.N.C. · 1987 · quote attribution · 3 verbatim quotes · confidence low
a carrier's claim is, of necessity, predicated on the tariff - not an understanding with the shipper.
cited Cited as authority (rule) Jamar Paxton v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam)).
cited Cited as authority (rule) Cruz v. Union Independiente Autentica de Empleados de la Autoridad de Acueductos y Alcantarillados (UIA)
D.P.R. · 2023 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983)).
cited Cited as authority (rule) Port of Corpus v. Port of Corpus
5th Cir. · 2023 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983).
cited Cited as authority (rule) Solari v. Partners HealthCare System, Inc.et al.
D. Mass. · 2021 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) (“Needless to say, only this Court may overrule one of its precedents.”)).
cited Cited as authority (rule) Swant v. Greilick
D. Colo. · 2020 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) (“Needless to say, only this Court may overrule one of its precedents.”).
discussed Cited as authority (rule) United States v. Moore-Bush
1st Cir. · 2020 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) ("Needless to say, only this Court may overrule one of its precedents."); Hutto v. Davis, 454 - 16 - U.S. 370, 375 (1982) (per curiam), reh'g denied, 455 U.S. 1038 (1982) ("[U]nless we wish anarchy to prevail within the federal judicial system, a precedent of this Court must be followed by the lower federal courts no matter how misguided the judges of those courts may think it to be."); see also Eberhart v. United States, 546 U.S. 12, 19-20 (2005) (praising the Seventh Circuit for following Supreme Court precedent despite its doubts).
cited Cited as authority (rule) United States v. Stevie Cavazos
11th Cir. · 2019 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983).
cited Cited as authority (rule) Wisconsin Central Limited v. Tienergy, LLC
7th Cir. · 2018 · confidence medium
Rand, Ltd., 460 U.S. 533, 534 (1983); Louisville & Nashville R.R.
cited Cited as authority (rule) Tenderloin Health v. Bank of the West
9th Cir. · 2017 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam).
discussed Cited as authority (rule) Kennedy Tank & MFG. Co., Inc., and Hemlock Semiconductor Operations LLC and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation d/b/a Emmert International
Ind. · 2017 · confidence medium
Rand, Ltd., 460 U.S. 533, 534 , 103 S.Ct. 1343 , 75 L.Ed.2d 260 (1983)), the ICCTA did not, id. at 305 (holding the ICCTA does “not provide motor carriers with a federal cause of action when they sue a shipper for unpaid freight charges under a private contract”).
discussed Cited as authority (rule) Christian Faith Fellowship Church v. Adidas AG
Fed. Cir. · 2016 · confidence medium
Thurston Motor Lines, Inc. v. Jordan K Rand, Ltd., 460 U.S. 533, 534-35 , 103 S.Ct. 1343 , 75 L.Ed.2d 260 *994 (1983) (per curiam); see also Rivers v. Roadway Express, Inc., 511 U.S. 298, 312 , 114 S.Ct. 1510 , 128 L.Ed.2d 274 (1994) (“[0]nce the Court has spoken, it is the duty of other courts to respect that understanding of the governing rule of law.”); Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1347 (Fed.
discussed Cited as authority (rule) Jeffrey Lynn Aday v. State
Tex. App. · 2015 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983), the United States Supreme Court ruled that “...only this Court may overrule one of its precedents.” The issue in Page 35 of 72 Thurston Motor Lines was that the 9th Circuit was unclear whether the holding in a prior Supreme Court case in “…is still good law.” Id.
cited Cited as authority (rule) State of Minnesota v. William Robert Bernard, Jr.
Minn. · 2015 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983)).
discussed Cited as authority (rule) Murray, Chad William
Tex. App. · 2015 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983), the Supreme Court ruled, “...only this Court may overrule one of its precedents.” The issue in Thurston Motor Lines was that the United States Court of Appeals for the 9th Circuit was unclear whether the holding in a prior Supreme Court case is “...still good law.” Id.
discussed Cited as authority (rule) Beer v. United States
Fed. Cir. · 2012 · confidence medium
Rand, Ltd., a Court of Appeals must not “con- fus[e] the factual contours of [Supreme Court precedent] for its unmistakable holding” in an effort to reach a “novel interpretation” of that precedent. 460 U.S. 533, 534-35 (1983) (per curiam).
discussed Cited as authority (rule) United States v. Tracy Barnett
8th Cir. · 2009 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983); see also Hutto v. Davis, 454 U.S. 370, 375 , (1982) (providing that precedent of Supreme Court must be followed by lower federal courts no matter how misguided the judges of those courts may think it to be).
cited Cited as authority (rule) United States v. Askew
D.C. Cir. · 2007 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) (holding that “only [the Supreme] Court may overrule one of its precedents”).
cited Cited as authority (rule) Verizon Maryland, Inc. v. Global Naps, Inc.
4th Cir. · 2004 · confidence medium
Rand, Ltd., 460 U.S. 533, 534 (1983) (per curiam).
discussed Cited as authority (rule) Bryan v. BellSouth Communications Inc
4th Cir. · 2004 · confidence medium
Rand, Ltd., 460 U.S. 533, 534-35 (1983) (concluding that suit to collect charges due under tariff gives rise to federal jurisdic- tion), Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 203 (1918) (same). 7 In fact, the Federal Communications Act itself explicitly serves these purposes, providing that "no carrier shall (1) charge, demand, collect, or receive a greater or less or different compensation . . . than the charges specified in the schedule then in effect, or (2) refund or remit by any means or device any portion of the charges so specified . . . ." 47 U.S.C. § 203 (c).
discussed Cited as authority (rule) United States v. Dennis Dayton Holt
10th Cir. · 2001 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam); Khan v. State Oil Co., 93 F.3d 1358, 1363 (7th Cir. 1996) ("[T]he Supreme Court has told the lower federal courts, in increasingly emphatic, even strident, terms, not to anticipate an overruling of a decision by the Court; we are to leave the overruling to the Court itself." (citation omitted)). 88 MURPHY, Circuit Judge, concurring in part and dissenting in part. 89 I join parts I and II of Judge Briscoe's opinion.
discussed Cited as authority (rule) Charles Freeman and Rosalyn Brown, Plaintiffs-Appellees-Cross-Appellants v. City of Dallas, Defendant-Appellant-Cross-Appellee
5th Cir. · 2001 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983); Hutto v. Davis, 454 U.S. 370, 375 (1982); Jaffree v. Wallace, 705 F.2d 1526, 1532-33 (11th Cir. 1983)(citing and quoting Stell v. Savannah-Chatam County Bd. of Educ., 333 F.2d 55 , 61 (5th Cir. 1964), overruled in part on other grounds by United States v. Jefferson County Bd. of Educ., 380 F.2d 385 (1967)); United States v. Twin City Power Co. of Georgia, 253 F.2d 197, 205 (5th Cir. 1958); Marcello v. Ahrens, 212 F.2d 830, 839 (5th Cir. 1954), aff'd, 349 U.S. 302 (1955).
cited Cited as authority (rule) Panhorst v. United States
4th Cir. · 2001 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983), and we must assume that the unique circumstances doctrine remains good law unless it is overruled by the Court.
cited Cited as authority (rule) Spencer v. Sutton
4th Cir. · 2001 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) ("Needless to say, only this Court may overrule one of its precedents.
cited Cited as authority (rule) Clifton E. Spencer v. Ernest Sutton
4th Cir. · 2001 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983) (per curiam) ("Needless to say, only this Court may overrule one of its precedents.
cited Cited as authority (rule) C.A.R. Transportation Brokerage Company, Inc. v. Darden Restaurants, Inc.
9th Cir. · 2000 · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983). 8 B.
discussed Cited as authority (rule) MFS International, Inc. v. International Telcom Ltd.
E.D. Va. · 1999 · confidence medium
As a result, *524 a carrier’s action for payment is necessarily based on the underlying tariff rather than on any contract or understanding with the purchaser of services. 15 See Thurston Motor Lines v. Jordan K Rand, Ltd., 460 U.S. 533, 535, 103 .
discussed Cited as authority (rule) Western Union International, Incorporated v. Data Development, Incorporated
11th Cir. · 1995 · confidence medium
That the tariff scheme was the basis for federal jurisdiction in Rice was confirmed by a unanimous Court in Thurston, 460 U.S. at 535 , 103 S.Ct. at 1344 (“[T]he parties are held to the responsibilities imposed by the federal law, to the exclusion of all other rules of obligation.
examined Cited as authority (rule) Planned Parenthood v. Casey (4×) also: Cited "see", Cited "see, e.g."
E.D. Pa. · 1990 · confidence medium
The Supreme Court concluded in Akron that it was “unreasonable for a State to insist that only a physician is competent to provide the information and counseling relevant to informed consent,” Akron, 462 U.S. at 449, 103 S.Ct. at 2502 , since “the State’s interest is in ensuring that the woman’s consent is informed and unpres-sured; the critical factor is whether she *1380 obtains the necessary information and counseling from a qualified person, not the identity of the person from whom she obtains it.” Id. at 448, 103 S.Ct. at 2502 (emphasis added).
discussed Cited as authority (rule) Maislin Industries, U. S., Inc. v. Primary Steel, Inc. (2×)
SCOTUS · 1990 · confidence medium
Rand, Ltd., 460 U. S. 533, 535 (1983); Southern Pacific Transp.
discussed Cited as authority (rule) Hull & Smith Horse Vans, Inc. v. Carras
Mich. Ct. App. · 1985 · confidence medium
"A carrier’s claim is, of necessity, predicated on the tariff —not an understanding with the shipper.” Thurston Motor Lines, Inc v Jordan K Rand, Ltd, 460 US 533, 535 ; 103 S Ct 1343, 1344 ; 75 L Ed 2d 260, 262-263 (1983).
discussed Cited as authority (rule) CHARLES FREEMAN and ROSALYN BROWN v. CITY OF DALLAS
unknown court · confidence medium
Rand, Ltd., 460 U.S. 533, 535 (1983); Hutto v. Davis, 454 U.S. 370, 375 (1982); Jaffree v. Wallace, 705 F.2d 1526, 1532-33 (11th Cir. 1983)(citing and quoting Stell v. Savannah-Chatam County Bd. of Educ., 333 F.2d 55 , 61 (5th Cir. 1964), overruled in part on other grounds by United States v. Jefferson County Bd. of Educ., 380 F.2d 385 (1967)); United States v. Twin City Power Co. of Georgia, 253 F.2d 197, 205 (5th Cir. 1958); Marcello v. Ahrens, 212 F.2d 830, 839 (5th Cir. 1954), aff’d, 349 U.S. 302 (1955).
discussed Cited "see" Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota LLC (2×)
8th Cir. · 2016 · signal: see · confidence high
See Thurston, 460 U.S. at 533 , 103 S.Ct. 1343 .
Retrieving the full opinion text from the archive…
Thurston Motor Lines, Inc.
v.
Jordan K. Rand, Ltd.
82-713.
Supreme Court of the United States.
Mar 28, 1983.
460 U.S. 533
Per Curiam.

Petitioner is a common carrier authorized by the Interstate Commerce Commission to transport commodities. When respondent allegedly failed to pay $661.41 in motor freight charges, petitioner filed suit in United States District Court. Its complaint alleged that respondent failed to pay for transport services as required by petitioner’s tariffs on file with the Commission. The complaint also alleged that the action arose under the Interstate Commerce Act, 49 U. S. C. § 10741(a) (1976 ed., Supp. V), and that the District Court had jurisdiction pursuant to 28 U. S. C. § 1337.

The District Court dismissed the matter for want of subject-matter jurisdiction and the Court of Appeals for the Ninth Circuit affirmed. 682 F. 2d 811 (1982). Characterizing the suit as a “simple contract-collection action,” the court could not “discern any proposition of federal law that a court need confront in deciding what, if anything, can be recovered.” Id., at 812.

[*534] Under the Interstate Commerce Act, as construed by this Court, the Court of Appeals was in error. In Louisville & Nashville R. Co. v. Rice, 247 U. S. 201 (1918), this Court squarely held that federal-question jurisdiction existed over a suit to recover $145 allegedly due the carrier for an interstate shipment under tariffs regulated by the Interstate Commerce Act.

“The Interstate Commerce Act requires carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment. Their duty and obligation grow out of and depend upon that act.” Id., at 202.

Other federal courts have had no difficulty in following the clear import of Rice. See Madler v. Artoe, 494 F. 2d 323 (CA7 1974); Bernstein Bros. Pipe & Machinery Co. v. Denver & R. G. W. R. Co., 193 F. 2d 441 (CA10 1951); Maritime Service Corp. v. Sweet Brokerage De Puerto Rico, Inc., 537 F. 2d 560 (CA1 1976).

The Court of Appeals’ attempt to distinguish this “most troublesome precedent” is wholly unconvincing. In its view, Rice turned upon the fact that the carrier billed the shipper for an additional amount that, while authorized by lawful tariffs, was contrary to the parties’ understanding. * Unlike petitioner’s complaint, the complaint in Rice could not have alleged that the shipper agreed to pay the amount sought; the carrier there had to rely exclusively on the Act to override the parties’ understanding. There is no support for this novel interpretation in Rice or elsewhere. That the consignee attempted to avoid payment by invoking an estoppel[*535] defense is an accurate enough portrayal of the facts, but does not obscure that the claim arose under federal law. “As to interstate shipments,” the Court stated, “the parties are held to the responsibilities imposed by the federal law, to the exclusion of all other rules of obligation.” 247 U. S., at 203. A carrier’s claim is, of necessity, predicated on the tariff— not an understanding with the shipper. This was true in Rice and is equally true here. Under the Court of Appeals’ approach, the question of federal jurisdiction would depend upon the defenses pleaded by the shipper — but we have long ago settled that it is the character of the action and not the defense which determines whether there is federal-question jurisdiction. Public Service Comm’n of Utah v. Wycoff Co., 344 U. S. 237, 248 (1952); Phillips Petroleum Co. v. Texaco Inc., 415 U. S. 125, 127 (1974). In short, the Court of Appeals has simply confused the factual contours of Rice for its unmistakable holding.

Perhaps unsure of its distinction of Rice, the Court of Appeals went on to “doubt that Rice is still good law.” Needless to say, only this Court may overrule one of its precedents. Until that occurs, Rice is the law, and the decision below cannot be reconciled with it. The petition for certio-rari is granted, the judgment of the Court of Appeals is reversed, and the case is remanded to that court for further proceedings consistent with this opinion.

So ordered.

*

In Rice, the parties had an understanding requiring the carrier to assess all charges immediately upon the delivery of livestock. This arrangement allowed the shipper to include the transportation costs in the price at which the livestock was sold. The dispute resulted from the carrier’s billing the shipper after the delivery and sale of the livestock for an additional $145 to cover disinfecting the freight cars. This additional charge complied with lawful tariffs.