Joe R. Whatley, Jr. v. Canadian Pacific Railway Ltd.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust), appeals the district court's order finding that his claim under the Carmack Amendment, 49 U.S.C. § 11706 , against Canadian Pacific Railway was untimely. We reverse and remand for further proceedings.
I. BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota, destined for an oil refinery near Saint John, New Brunswick, in Canada. The bill of lading for the train's cargo designated Western Petroleum Company 1 (WFE) as the shipper, Irving Oil Ltd. as the consignee, and Canadian…
2Cases cited10 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Reider v. ThompsonSupreme Court of the United States · 1950
- Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.Supreme Court of the United States · 2010
- Louisiana & Western Railroad v. GardinerSupreme Court of the United States · 1927
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Piper Partridge v. City of Benton, ArkansasCourt of Appeals for the Eighth Circuit · 2019
- Baker v. HoltzDistrict Court, D. Minnesota · 2025
- Doe v. Board of Regents of the University of NebraskaDistrict Court, D. Nebraska · 2020
- In re: Montreal, Maine & Atlantic Railway, Ltd. v. Canadian Pacific Railway Company and Soo Line Railroad CompanyUnited States Bankruptcy Court, D. Maine · 2026
- Kaler v. Trust and Estate Search, LLC.United States Bankruptcy Court, D. North Dakota · 2019
1 more not listed; retrieve them via the Exa API.