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Plaintiff railroad company sues Illinois corporation over unpaid freight charges

COOK COUNTY RECORD

Thursday, December 26, 2024

Plaintiff railroad company sues Illinois corporation over unpaid freight charges

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

SOO Line Railroad Company has taken legal action against an Illinois corporation over unpaid freight charges, sparking a lawsuit that could have significant financial implications. On December 16, 2024, SOO Line Railroad Company filed a complaint in the United States District Court for the Northern District of Illinois against Benren, Inc., seeking to recover over $211,000 in alleged unpaid shipping and storage fees.

The lawsuit stems from a series of transactions between January 2023 and September 2024, during which SOO Line Railroad Company claims to have provided extensive shipping and storage services for Benren. According to the complaint, these services involved transporting shipping containers from Bensenville, Illinois to various locations in Canada, including Vancouver and Calgary. The shipments were marked as "prepaid," but SOO alleges that Benren failed to settle the corresponding invoices despite repeated demands for payment.

SOO Line Railroad Company argues that it has fulfilled its obligations under the tariffs published for such freight and related charges. The company asserts that it is owed $211,541.51 plus interest and costs for services rendered under Tariff 7210. "These charges were billed and payment demanded," states the complaint, yet Benren allegedly continues to dispute or ignore these financial obligations.

The plaintiff is invoking federal jurisdiction under statutes related to interstate commerce and diversity of citizenship due to the parties being from different states—Minnesota-based SOO Line Railroad Company versus Illinois-based Benren—and because the amount in controversy exceeds $75,000. The case highlights issues surrounding contractual obligations in interstate commerce and could set precedents regarding tariff enforcement.

SOO seeks judgment in its favor for the full amount claimed plus additional interest and legal costs incurred during this process. This case underscores the complexities businesses face when engaging in cross-border transportation agreements and emphasizes the importance of adhering to agreed-upon financial terms.

Representing SOO Line Railroad Company is attorney John K. Fiorilla from Dyer & Peterson PC. The case is identified as Case No: 1:24-cv-12866 but does not list any specific judge presiding over it at this time.

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