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Legal Opinion

Eventus Marketing, Inc. v. Sunset Transportation Co.

District Court, S.D. Florida

Decided July 14, 2010No. Case 10-21331-CIVPublished

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS AND LEAVE TO AMEND

JAMES LAWRENCE KING, District Judge.

Defendant’s Motion to Dismiss relies upon federal preemption of all state, common and statutory law regarding liability of interstate carriers for interstate shipments. 1 Plaintiff alleges that it hired Defendant on March 18, 2009 to provide transportation services of a tractor, trailer and driver for its 2009 Dr Pepper Club 23 Tour (the “Club 23 Tour”) throughout several cities in the United States in accordance with an agreed to tour schedule of events and venues, for the period of May 15, 2009 through…

2Cases cited13 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Burger King Corp. v. WeaverCourt of Appeals for the Eleventh Circuit · 1999
  3. Edward and Nancy Hughes v. United Van Lines, Inc., and 291 Sisser Brothers, Inc.Court of Appeals for the Seventh Circuit · 1987
  4. Peyton v. Railway Express Agency, Inc.Supreme Court of the United States · 1942
  5. Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916

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