Circle Redmont, Inc. v. Mercer Transportation Co.

ORDER

SHARP, District Judge.

The issue before the Court on the plaintiffs motion for remand (doc. 13) is whether the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, carries such extraordinary preemptive force that state law breach of contract and conversion claims involving a shipper’s failure to collect payments due should be regarded as federal claims sufficient to invoke federal question jurisdiction on removal. Because the Carmack Amendment’s language and legislative history do not manifest a congressional intent to convert state law claims into Carmack claims for…