Legal Opinion

Armstrong v. North Alabama Moving & Storage, Inc.

District Court, N.D. Alabama

Decided January 8, 2008No. Civil Action CV-07-S-2311-NEPublishedCited by 1 opinion

1Opinion of the Court

ORDER

C. LYNWOOD SMITH, JR., District Judge.

This matter is before the court on a notice of removal filed by defendant Atlas Van Lines, Inc. (“Atlas”) (doc. no. 1). Shortly after filing its notice of removal, Atlas moved to dismiss all claims asserted against it on the grounds of federal preemption. 1 Atlas argues that all of the claims asserted against it should be dismissed as they are preempted by the Car-mack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706.

Before the court can consider defendant’s motion to dismiss, it must be satisfied of its jurisdiction. See, e.g., Smith v.…

2Cases cited8 opinions

  1. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  2. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
  3. Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
  4. Blab T v. of Mobile, Inc. v. Comcast Cable Communications, Inc.Court of Appeals for the Eleventh Circuit · 1999
  5. Frank H. Smith v. United Parcel ServiceCourt of Appeals for the Eleventh Circuit · 2002

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3Cited by1 opinion

  1. Dees v. Coleman American Moving Services, Inc.District Court, S.D. Alabama · 2017

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