Litigation

Mr. Schweitzer has been lead counsel or substantially involved in over two dozen cases, brought primarily as class actions, challenging federal, state or local taxes, fees or regulations on interstate commerce.  He has also filed cases and amicus curiae briefs involving issues of administrative law in various federal courts. 

  • American Bus Association, Inc. v. District of Columbia, Tax Docket No. 2007-CV-8882 (D.C. Superior Ct., filed July 27, 2007).  This case challenges the D.C. charter bus registration and trip permit fees as violating the Commerce Clause and the terms of D.C. law implementing the International Registration Plan.

  • Edison Electric Institute v. Federal Motor Carrier Safety Administration, Case No. 03-1353 (D.C. Cir., filed October 20, 2003).  This case challenged the FMCSA’s refusal to exempt drivers of utility service vehicles from the hours of service regulations in a rulemaking; the case was withdrawn when Congress passed a statutory exemption.  Sec. 4132 of SAFETEA-LU, Pub. L. No. 109-59, amending section 345 of the National Highway System Designation Act of 1995 (49 U.S.C. § 31136 note).

  • Hazardous Materials Advisory Council, Inc. et al. v. Mineta, No. 02-01331, (D.D.C., filed July 1, 2002). This case challenged the U.S. Department of Transportation’s annual registration fee for shippers and carriers of hazardous materials under statutory requirements that DOT adjust the fee when the trust fund balance exceeds the amount expended for authorized purposes. Before filing an answer to the complaint DOT agreed to issue a final rule reducing the hazmat fees for a three-year period to eliminate the surplus of over $25 million.

  • Truck Renting and Leasing Ass’n v. Commissioner of Revenue of Massachusetts, 433 Mass. 733, 746 N.E.2d 143 (2001). This suit challenged the constitutionality of Massachusetts’ corporate nexus standards as applied to an out-of state truck lessor whose only contacts with the state are the use of leased vehicles by its lessees.

  • American Bus Association, Inc. v. Slater, 231 F.3d 1 (D.C. Cir. 2000). This suit struck down the U.S. Department of Transportation’s rule requiring automatic compensation to persons denied boarding on over-the-road buses in violation of the Americans with Disabilities Act, as the Act contained no language to support such a compensation plan.

  • Department of Revenue v. Airoldi Brothers, Inc., Docket No. 98-IT-0330, Illinois Department of Revenue Office of Administrative Hearings (filed October 28, 1998). This administrative proceeding successfully challenged the constitutionality of Illinois’ corporate nexus standards as applied to an out-of-state truck lessor whose only contacts with the state are the use of leased vehicles by its lessees.

  • American Bus Association, Inc. v. District of Columbia, Docket No. 7636-98 (D.C. Superior Ct., filed August 21, 1998). This suit challenged the District of Columbia’s fee on intercity buses on the grounds that it discriminated against interstate commerce. The first business day after the suit was filed, the District rescinded the fee, and the District has refunded all of the fees paid in advance by out-of-state carriers.

  • National Private Truck Council, Inc. v. Commissioner of Revenue of Massachusetts, 426 Mass. 324, 688 N.E.2d 936 (1997), cert. denied, 523 U.S. 1137 (1998). This suit obtained declaratory relief against regulations of Massachusetts Department of Revenue that applied Massachusetts’ corporate excise tax (an income tax) to the income of out-of-state corporations whose only activity in Massachusetts was soliciting sales orders and filling those orders by delivering ordered goods to Massachusetts purchasers in the sellers’ own trucks. The courts held that the regulations violated a federal statute, Pub. Law 86-272, codified at 15 U.S.C. § 381, enacted in 1959 to immunize from state taxation income of out-of-state companies with limited activities in the taxing state.

  • Commonwealth of Virginia Department of Taxation v. National Private Truck Council, Inc., 253 Va. 74, 480 S.E.2d 500 (1997). This suit obtained declaratory relief against regulations of Virginia Department of Taxation that applied Virginia’s corporate income tax to the income of out-of-state corporations whose only activity in Virginia was soliciting sales orders and filling those orders by delivering ordered goods to Virginia purchasers in the sellers’ own trucks. As in the Massachusetts case, the Virginia courts held that the regulations violated Pub. Law 86-272, codified at 15 U.S.C. § 381.

  • National Private Truck Council, Inc. v. Oklahoma Tax Commission, 515 U.S. 582 (1995). Class action suit obtained injunctive and declaratory relief and tax refunds with interest against an Oklahoma "retaliatory" tax imposed on certain trucking companies operating in Oklahoma; i.e., those vehicles registered in certain designated states that imposed truck taxes disfavored by Oklahoma. The Oklahoma Supreme Court held Oklahoma’s tax violated the Commerce Clause of the United States Constitution, and ordered State to pay refunds and interest to all taxpayers. $5.5 million in refunds has been paid. Oklahoma Supreme Court denied plaintiffs’ additional claim for attorneys fees pursuant to 42 U.S.C. §§ 1983 and 1988, and U.S. Supreme Court affirmed, holding 42 U.S.C. § 1983 does not apply to cases challenging state taxes.

  • Dennis v. Higgins, 498 U.S. 439 (1991). Class action suit obtained injunctive and declaratory relief against a Nebraska retaliatory tax imposed on certain trucking companies operating in Nebraska. The Nebraska Supreme Court held Nebraska’s tax violated Commerce Clause of the United States Constitution, but held taxpayers had no cause of action under 42 U.S.C. § 1983 because Commerce Clause violations do not violate personal constitutional rights. U.S. Supreme Court reversed the latter holding.

  • O’Connell Management Co., Inc. v. Massachusetts Port Authority, No. 90-10908-MA (D. Mass. filed April 9, 1990). Suit challenged landing fees promulgated by Massport for Logan International Airport as discriminating against smaller aircraft in violation of Federal laws regulating airport fees. Settlement with Massport resulted in revision of fees and refunds of over $3 million to feepayers.

Mr. Schweitzer also handles commercial and corporate litigation, including motor carrier loss and damage claim litigation, class actions by owner-operators against motor carriers over terms of lease agreements, employment law litigation, and administrative litigation involving regulatory violations.

He also regularly advises transportation entities on the validity of state taxes under federal statutory and constitutional principles, and intervenes with state and local legislative and administrative personnel to resolve issues of federal preemption.