Legal Opinion
Chartis Seguros Mexico, S.A. de C.V. v. HLI Rail & Rigging, LLC
District Court, S.D. New York
Decided March 13, 2014No. 11 Civ. 3238(ALC)(GWG)PublishedCited by 24 opinions
1Opinion of the Court
ORDER AND OPINION
ANDREW L. CARTER, JR., District Judge:
A train derailment has set off a chain reaction of claims and cross-claims that question the applicability of the Carmack Amendment, 49 U.S.C. § 11706, the default scheme for rail carriers’ liability for goods entrusted to their transport. As a general rule, under the Carmack Amendment, rail carriers are liable for the full value of the goods damaged after receipt by the carrier. However, rail carriers may limit their liability either by entering into a contract pursuant to 49 U.S.C. § 10709, which would not be covered by the Car-mack…
2Cases cited62 opinions
- United States v. LopezSupreme Court of the United States · 1995
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Security Insurance Company of Hartford A/s/o Jt International Holdings, B v. V. Old Dominion Freight Line, Inc., Defendant-Cross-Claimant-Appellant v. Concord Transportation, Inc., Defendant-Cross-DefendantCourt of Appeals for the Second Circuit · 2004
- Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.Supreme Court of the United States · 2004
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3Cited by24 opinions
- Extenet Sys., Inc. v. Vill. of PelhamDistrict Court, S.D. Illinois · 2019
- Sunrise One, LLC v. Harleysville Ins. Co. of N.Y.District Court, E.D. New York · 2018
- Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. Logan Transp. Sys., Inc.District Court, E.D. New York · 2018
- Binder & Binder, P.C. v. ColvinDistrict Court, E.D. New York · 2014
- Medvend, Inc. v. YRC, Inc.District Court, E.D. Michigan · 2014
19 more not listed; retrieve them via the Exa API.