Legal Opinion

Certain Underwriters at Interest at Lloyds of London v. United Parcel Service of America

Court of Appeals for the Third Circuit

Decided August 12, 2014No. 13-4515PublishedCited by 44 opinions

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

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  5. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009

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3Cited by44 opinions

  1. Exel, Inc. v. Southern Refrigerated Transport, Inc.Court of Appeals for the Sixth Circuit · 2015
  2. Delaware & Hudson Railway Co. v. Knoedler Manufacturers, Inc.Court of Appeals for the Third Circuit · 2015
  3. Ivana Vidovic Mlinar v. United Parcel Service, Inc.Supreme Court of Florida · 2016
  4. Sec. USA Servs., Inc. v. United Parcel Serv., Inc.District Court, D. New Mexico · 2019
  5. Certain Underwriters at Lloyd's v. S. Pride Trucking, Inc.District Court, D. Nebraska · 2018

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