In Simon v. Walt Disney World Co. 2004 DJDAR 289 (2004), the California Court of Appeal affirmed the trial court's grant of summary judgment in favor of Disneyland, concluding that the theme park is not common carrier under California Civil Code §2168 and thus could offer discounts on park admission fees during the slow season to persons living nearby.
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In City of St. Helena v. Public Utilities Commission 2064 WL 1376332 (2004), the California Court of Appeal found that the Napa Valley Wine Train is not a common carrier and not subject to PUC regulations. Thus the City of St. Helena could issue regulations pertaining to the placement of a train depot in downtown St. Helena.
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In United States of America v. Ocean Bulk Ships, Inc. 2004 AMC 1073 (5th Cir. 2004), an unpublished opinion, the Fifth Circuit affirmed the District Court's award of damages to an agency of the United States arising out of the non-delivery of foodstuffs intended for humanitarian relief. The carrier had argued that because the foodstuffs had been taken out of commerce, they had no market value. This argument was rejected based on regulations that value goods under the Food for Peace Program at the market price and grant the United States standing to sue for that value even though title passed to the "cooperating sponsor."