Legal Opinion
S & H Hardware & Supply Co. v. Yellow Transportation, Inc.
Court of Appeals for the Third Circuit
Decided December 19, 2005No. 04-4591PublishedCited by 15 opinions
1Opinion of the Court
ROSENN, Circuit Judge.
This appeal raises the importance of a simple requirement of notice under the Carmack Amendment to the Interstate Commerce Act. It also illustrates how failure to comply with a simple, statutory requirement can preclude consideration of the merits of the underlying claim. The precise issue on appeal is whether the appellant, S & H Hardware & Supply Company (“S & H”), complied with the Carmack notice requirement, allowing it to pursue a claim to recover for losses incurred when appellee Yellow Transportation (“Yellow”) improperly diverted shipments of goods consigned to S…
2Cases cited15 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Dr. Martin TREPEL, Plaintiff-Appellant-Cross-Appellee, v. ROADWAY EXPRESS, INC. Defendant-Appellee/Cross-AppellantCourt of Appeals for the Sixth Circuit · 1999
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Mbia Insurance Corporation Wells Fargo Bank Minnesota, N.A., as Trustee of Sfc Grantor Trust, Series 2000-1, Sfc Grantor Trust, SeriesCourt of Appeals for the Third Circuit · 2005
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Joseph J. Tomasso v. The Boeing CompanyCourt of Appeals for the Third Circuit · 2006
- Alexander v. ForrCourt of Appeals for the Third Circuit · 2008
- 5K Logistics, Inc. v. Daily Express, Inc.Court of Appeals for the Fourth Circuit · 2011
- Bailey v. Harleysville National Bank & TrustCourt of Appeals for the Third Circuit · 2006
- Lewis v. Atlas Van Lines, Inc.Court of Appeals for the Third Circuit · 2008
10 more not listed; retrieve them via the Exa API.