Certain Underwriters at Interest at Lloyds of London v. United Parcel Service of America
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
CHAGARES, Circuit Judge.
This case calls upon us to construe the preemptive scope of the Carmack Amendment, 49 U.S.C. § 14706, and to clarify the judicially-created “true conversion” exception. We hold that the Carmack Amendment preempts all state law claims for compensation for the loss of or damage to goods shipped by a ground carrier in interstate commerce. We also conclude that the “true conversion” exception is an exception to the liability limiting features of the Carmack Amendment, not an exception to its preemptive scope. We will therefore affirm the order of the District Court.
I
2Cases cited35 opinions
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- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
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- Exel, Inc. v. Southern Refrigerated Transport, Inc.Court of Appeals for the Sixth Circuit · 2015
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- Sec. USA Servs., Inc. v. United Parcel Serv., Inc.District Court, D. New Mexico · 2019
- Certain Underwriters at Lloyd's v. S. Pride Trucking, Inc.District Court, D. Nebraska · 2018
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