Legal Opinion
Werner Enterprises, Inc. v. Westwind Maritime International, Inc.
Court of Appeals for the Eleventh Circuit
Decided January 12, 2009No. 07-15488PublishedCited by 31 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
In this case, Ace Seguros, S.A. (“Ace”) sued Werner Enterprises, Inc. (‘Werner”) to recover the full value of a shipment of lost cell phones under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 (“Carmack Amendment”). The district court, in a summary judgment ruling in favor of Werner, sustained Werner’s limitation of its liability. Ace appeals.
Communicaciones Nextel de Mexico, S.A. de C.V. (“Nextel”) had the cell phones manufactured, and arranged through intermediaries to have Werner, a common carrier, transport them. Nextel insured the full…
2Cases cited10 opinions
- Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
- IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
- Roger Whatley, Sr. v. Cna Insurance Companies, Baker Brothers, IncorporatedCourt of Appeals for the Eleventh Circuit · 1999
- Swift Textiles, Inc. v. Watkins Motor Lines, Inc.Court of Appeals for the Eleventh Circuit · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Essex Insurance Company v. Barrett Moving & Storage, Inc.Court of Appeals for the Eleventh Circuit · 2018
- CNA Insurance v. Hyundai Merchant Marine Co.Court of Appeals for the Sixth Circuit · 2014
- UPS Supply Chain Solutions, Inc. v. Megatrux Transportation, Inc.Court of Appeals for the Eleventh Circuit · 2014
- Securities and Exchange Commission, Merchant Capital, LLC v. Steven C. Wyer, Kurt v. BeasleyCourt of Appeals for the Eleventh Circuit · 2012
- ABB INC. v. CSX Transportation, Inc.Court of Appeals for the Fourth Circuit · 2013
26 more not listed; retrieve them via the Exa API.