Mohl v. NTC of America, Inc.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Plaintiffs have filed a motion for partial summary judgment under Rule 56, F.R. Civ.P. or, in the alternative, to strike defendant NTC of America, Inc.’s 12th affirmative defense. The 12th affirmative defense says:

“The liability, if any, of Defendant is limited by the agreement of the parties, and/or the value declared by the Plaintiff, as provided in 49 U.S.C. § 10730.”

In this action under the Interstate Commerce Act, 49 U.S.C. § 11707, plaintiff Foremost and defendant NTC each seek to protect themselves from liability for the damage caused to…