Case Law Alerts
Application of Carmack Amendment for stolen freight.
The plaintiff, TMC—a transportation broker—filed a complaint alleging state law and Carmack Amendment causes of action against A1 Trucking Service, LLC—a motor carrier—that it had entered into a Contract Carrier Agreement for the loss of freight stolen from A1’s unsecured yard while A1’s tractor was being repaired. TMC filed a motion for summary judgment on all causes of action, which A1 opposed, maintaining it did not have Carmack liability because the freight was stolen and not lost, as required under the Carmack Amendment. In granting TMC summary judgment under Carmack, the court found that A1’s argument was too formal and failed to encompass the plain meaning of Carmack, which it stated clearly addresses loss and damage. Summary judgment of state law claims was denied on the basis of preemption under the Carmack Amendment.
Case Law Alerts, 2nd Quarter, April 1, 2016
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