Legal Opinion
5K Logistics, Inc. v. Daily Express, Inc.
Court of Appeals for the Fourth Circuit
Decided October 21, 2011No. 10-1907PublishedCited by 26 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge FLOYD joined.
OPINION
WILKINSON, Circuit Judge:
• The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, sets up a framework for the timely filing of claims against carriers for damaged cargo. In this case, it is undisputed that neither the shipper nor the shipping broker filed either a claim or a lawsuit within the prescribed time limitations. Were we to create some exception to the statutorily authorized, contractually mandated requirements of prompt filing, we…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Reider v. ThompsonSupreme Court of the United States · 1950
- Swift Textiles, Inc. v. Watkins Motor Lines, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Scaife Co. v. CommissionerSupreme Court of the United States · 1941
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- ABB INC. v. CSX Transportation, Inc.Court of Appeals for the Fourth Circuit · 2013
- Union Pacific Railroad v. Beemac Trucking, LLCDistrict Court, D. Nebraska · 2013
- ABB INC. v. CSX Transportation, Inc.Court of Appeals for the Fourth Circuit · 2013
- ABB, Inc. v. CSX Transportation, Inc.District Court, E.D. North Carolina · 2012
- Aculliance Holdings, Inc. v. BLS Logistics LLC, et al.District Court, N.D. California · 2026
21 more not listed; retrieve them via the Exa API.