John Duncan Varda, an attorney in the firm's Madison Office, has acquired a broad knowledge of the transportation industry in over 35 years of counseling carriers, shippers, intermediaries, and others along the supply chain. He served as lead counsel in a series of landmark cases that established national standards related to truck size and safety. Mr. Varda also practices in the areas of attorney professional responsibility, ethics, and practice organization, an outgrowth of more than 25 years of service in law firm management. Mr. Varda formerly served as the firm's managing partner/CEO.

Due to his work, Mr. Varda has been named a Top Lawyer by Madison Magazine. To read the article, click here.

Mr. Varda is a member of several professional associations, including the Council of Logistics Management, Transportation Lawyers Association, and Association of Transportation Law, Logistics and Policy. He served on the Wisconsin Board of Attorneys Professional Responsibility, District 9 Committee (1994-1999) and the State Bar of Wisconsin Standing Ethics Committee (2000-2008). Currently, he serves on the Wisconsin Supreme Court Office of Lawyer Regulation Special Investigative Panel (2001- ).

Mr. Varda's extensive work includes:

1. 1970-1985, Transportation Regulation, Representing Carriers and Shippers.

2. 1975-1982, Commerce Clause Cases, U.S. Supreme Court.

3. 1982-1989, Enforcement of National Standards, Truck Length, Width, Access.

4. 1983-1995, Freight Undercharge Common Defense Groups, Regulatory Transition.

5. 1988-1992, Pension Plan Litigation.

6. 1985-Present, Transportation & Logistics Counseling, Related Litigation.

7. 1973-Present, Professional Responsibility Practice, Firm Management.

1970-1985, Transportation Regulation, Representing Shippers and Carriers:

Mr. Varda appeared in more than 500 administrative proceedings before the Interstate Commerce Commission, Ontario Highway Transport Board, and Wisconsin Public Service Commission and related appellate cases, which involved motor carrier operating rights, leasing, and rates; rail rates and services; and rail and car ferry abandonments. Included in the rate proceedings were both motor and rail rates, regional and national general rate increases, and reasonableness of specific rail rates on coal, wood chips, pulpwood, and clay. From this early experience, Mr. Varda acquired a broad, practical knowledge of operating practices, costs, and governing law in the transportation industry (rail, motor, distribution, warehousing, and logistics). 

1975-1982, Commerce Clause Cases, U.S. Supreme Court:

Mr. Varda crafted the strategy for challenging state bans on twin trailer trucks under the Commerce Clause of the Constitution. This led to more than 12 years of litigation, including three trips to the U. S. Supreme Court (challenging the laws of Wisconsin and Iowa) and a case-pending decision (Pennsylvania), which convinced Congress to act.

In this matter, Mr. Varda demonstrated, with operational evidence, the twin trailer vehicle to be an integrated part of a system for transporting interstate small shipment freight. He also demonstrated, by comparative and direct safety evidence, that there was no rational basis for excluding the vehicle from Interstate Highways and access routes. The U. S. Supreme Court complimented the quality of counsel's effort:  

As one commentator has written, Commerce Clause adjudication must depend in large part "upon the thoroughness with which the lawyers perform their task in the conduct of the constitutional litigation. Here, as in many other fields, constitutionality is conditioned upon the facts, and to the lawyers the courts are entitled to look for garnering and presenting the facts." Dowling, Interstate Commerce and State Power, 27 Va. L. Rev 1, 27-28 (1940).

Raymond Motor Transportation v. Rice, 417 F. Supp. 1352 (W.D. Wis. 1976), 434 U.S. 429 at 448, n. 25 (1978) (unanimous U.S. Supreme Court enjoined Wisconsin's exclusion of twin trailers).

Kassel v. Consolidated Freightways, 475 F. Supp 544 (S.D. Iowa 1979), 612 F.2d 1064 (8th Cir. 1979), 450 U.S. 662 (1981) (enjoined Iowa's restrictions on twin trailers).

In the fall of 1982, Mr. Varda obtained a stay of decision after seven weeks of trial in the case challenging Pennsylvania's exclusion of twin trailers, due to imminent action by Congress.

The Surface Transportation Assistance Act of 1982 endeavored to establish national truck size and weight standards (including twin trailers) for the Interstate Highway System and access routes; it reflected in legislative history the critical role of Wisconsin, Iowa, and Pennsylvania twin trailer cases.

1982-1989, Enforcement of National Standards, Truck Length, Width, Access:1983-1995, Freight Undercharge Common Defense Groups, Regulatory Transition:

In this matter, Mr. Varda defended the Surface Transportation Assistance Act of 1982 ("STAA") and related rules; enforced access rights against State limitations; enforced removal of overall length limits; and provided proofs and prosecuted standards for "grandfathering" 53-foot and longer semi-trailers under the 1982 Act.

Clients included Consolidated Freightways, Roadway, Yellow, United Parcel Service, Dart Transit, National Freight, Schneider National, Continental Can Company, and Owens-Illinois.  

Cases included: Consolidated Freightways v. Thomas D. Larson, et al.; 647 F. Supp. 1479 (M.D. Pa. 1986), 827 F.2d 916 (3rd Cir. 1987), cert. denied, 484 U.S. 1032 (1988) (incorporated record from suspended Commerce Clause litigation against Pennsylvania's ban of twin trailers to enforce new federal access standard); National Freight, Continental Can, et al. v. Thomas D. Larson, et al., 583 F. Supp. 1461 (M.D. Pa. 1984), 760 F.2d 499 (3rd Cir. 1985), cert. denied, 474 U.S. 902 (1985) (enforced STAA prohibition of overall length limit); Continental Can Company, Inc., et al. v. Howard Yerusalim, et al., No. 87-0219 (M.D. Pa. 1987) (unpublished), 854 F.2d 28 (3rd Cir. 1988) (enforced STAA standard 102-inch width); Continental Can Co., Inc., et al. v. Leonard Mellon, et al., No. 86-3563 (N.D. Fla. 1986) (unpublished), 825 F.2d 308 (11th Cir. 1987) (required Florida to issue permits for trailers longer than 48 feet); Continental Can Company, et al. v. Henry Gray, et al., No. LR-C-87-70 (E.D. Ark. 1988) (unpublished) (enforced STAA compliance in Arkansas); Continental Can Company, et al. v. Leo J. Trombatore, et al.; No. CIVS-87-0166 RAR JFM (E.D. Cal. 1987) (favorably settled, enforced California's compliance with STAA length limits).  

Mr. Varda originated one of the earliest (1983) common defense groups for defending against freight undercharge claims of bankrupt motor carriers. He defended against claims in approximately two dozen carrier bankruptcies, representing over 300 defendant shippers.  

He streamlined proceedings by grouping defenses by tariff issue and claim type, and defeated bankrupt plaintiffs' efforts to extort settlements through litigation cost leveraging. In 1991, Mr. Varda petitioned successfully to the Federal Judicial Panel on Multidistrict Litigation to consolidate cases involving common issues to defeat similar litigation cost leveraging. 

1988-1992, Pension Plan Litigation: 

In this matter, Mr. Varda organized some 250 named-plaintiff employees (using techniques developed in the freight undercharge common defense groups) and made all trial court appearances in the successful challenge to the employer's retention of over $6.4 million in surplus funds on termination of the defined benefit pension plan. Albedyll v. Wisconsin Porcelain Co. Revised Retirement Plan, 11 E.B.C. 1072 (W.D. Wis. 1989), aff'd, 947 F2d 246 (7th Cir 1991).  

1985-Present, Transportation & Logistics Counseling, Related Litigation: 

Mr. Varda continues to provide counsel to carriers, shippers, and shipper associations on changing issues in transportation logistics and supply chain management. Examples are drug and alcohol testing; commercial drivers' licensing; hazardous materials training; shortline railroad spin-offs leading to creation of Wisconsin Central system (1987-1995); Negotiated Rates Act (1993); Trucking Industry Regulatory Reform Act (1994); ICC Termination Act (1995); Canadian National Wisconsin Central merger (2001); proposed hours-of-service regulations, and re-write of Federal Motor Carrier Safety Regulations (2000-2008).  

Mr. Varda litigates related cases, from loss and damage claims to hours-of-service rulemaking, from rail car leasing disputes to a series of bankruptcy proceedings and related cases arising from reorganization of a major warehouse and distribution operator. 

1973-Present, Professional Responsibility Practice, Firm Management:

In matters of conflicts of interest, ethics and other practice-oriented issues, Mr. Varda continues to provide counsel. He defended against efforts to disqualify the firm in Fireman's Fund Ins. v. Waste Management of Wis., 777 F.2d 366 (7th Cir. 1985) (insured's choice of counsel, conflict waiver, fee entitlement) (briefed and argued); and Jesse v. Danforth, 169 Wis. 2d 229 (1992) (confirmed entity rule in Wisconsin) (argued before the Wisconsin Supreme Court). In 1994, Mr. Varda facilitated the law firm merger; he then served as managing partner/CEO from 1994 to 2001. Currently, he serves on the Wisconsin Supreme Court Office of Lawyer Regulation Special Investigative Panel (2001- ).