primary business test
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 377 U.S. 311 - Red Ball Motor Freight, Inc. v. Shannon · 1964Most cited · 88 citing opinions
If the primary business of an operator is found to be manufacturing or some other noncarrier commercial enterprise, then it must be determined whether the motor operations are in bona fide furtherance of the primary business or whether they are conducted as a related or secondary enterprise with the purpose of profiting from the transportation performed. In our opinion, they cannot be both.
How often courts cite the case defining “primary business test”
Court decisions citing the opinion that defined “primary business test” — 88 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.