State and Federal Courts
Name
Institution
State and Federal Courts
1. What state or states could ABC Freightways file the lawsuit?
The company should file the lawsuit in the state of Kansas. Kansas made the laws regulating the trucking companies.
2. Should the lawsuit be filed in a state or a federal court? Why? Does it matter?
States have the power to form their own laws. The matter deals with a regional and local issue, and the lawsuit should be filed in a state court. However, the matter can be filed in a federal court as well. This is because the parties involved are in different states. Many people prefer federal courts because they want to avoid the bias that may be associated with local and state courts. In this case, authorities in Kansas made the legislation, and the plaintiffs may think that the state judges will show some form of prejudice. Therefore, they will file the case in a federal court, which does not have any direct interest in the issue.
3. Is the state of Kansas statute an impermissible burden on interstate commerce? Why?
The statute is an impermissible burden on interstate commerce. The trucking companies that are more than 55 feet will be forced to go around the state as they look for alternative routes of transport. This would cause many irregularities. For instance, the trucks would take more time to reach their destination, which would be costly to the company. The company would be forced to look for alternative means in order to ensure that they comply with the regulations. For instance, they would have to invest in the purchase of 55 feet trucks, which would cause an additional expense. The company would have to do this although they would be only be complying with the regulations made by a single state. The state is forcing the truck companies to invest in different trucks in order to serve them. This is an extra burden to the companies.
4. Does the exception to the statute survive the constitutional challenge? Why?
The exception made by the state does not seem to be constitutional. The state has not made it clear it clear why it wants to ban the larger trucks. The decision by the state to allow the larger trucks to pass through the bordering cities means that the state’s main concern is not safety. The same trucks that would have passed through the inner parts of the state are the same ones that pass through the bordering cities. The state seems to be favoring some companies by passing the legislation. Only smaller trucks would be allowed to pass through the state, and this means that fewer people would profit from the law. On the other hand, removing the limitation will ensure that all trucking companies benefit, and more state businesses gain from increased traffic.
5. What are your recommendations to resolve the lawsuit?
I would recommend that the state authorities consider changing the legislation or amending it to accommodate additional interests. Consequently, the legislators should make the reasons for the ban clear. They should follow the precedents set by the other surrounding states.
6. What are the ethical issues related to the offer made by the state troopers? How should ABC Freightways respond to these ethical issues?
The law has already made it illegal for trucks over 55feet to use the state roads, although they have made an exception to the cities bordering the states. The state troopers’ decision to overlook this decision during the weekends and at some specific hours at nighttime is, therefore, illegal since it is not based on the law. The troopers suggest that the truckers should consider donating to their union. This situation is conditional, and it raises ethical concerns. It seems as if the troopers want to receive bribes in the form of contributions to the union. This would mean overstepping the state laws and regulations and allowing illegal activity to prevail in the state. So long as ABC is still pursuing legal action in the matter, it should not encourage its drivers to give in to the demand of the troopers. If it is legal for the truckers to use the larger trucks during the weekends and at night, then the company should be able to do so freely without making any commitments. Otherwise, the company should wait for the outcome of the case before allowing their trucks to pass through the state.