Legal Opinion
Underwriters at Lloyds of London v. North American Van Lines
Court of Appeals for the Tenth Circuit
Decided November 30, 1989No. 87-1872PublishedCited by 77 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The court on its own motion has determined to consider en banc whether the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. §§ 11707 and 10730, 1 preempts state common law remedies for negligent damage to goods shipped by common carrier. After reviewing the law on this subject, and reconsidering our position, we now hold that state common law remedies are preempted by the Car-mack Amendment. To the extent that our prior decisions in Reed v. Aaacon Transportation, Inc., 637 F.2d 1302 (10th Cir.1981); Litvak Meat Co. v. Baker, 446 F.2d 329 (10th…
2Cases cited33 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
28 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Fed. Carr. Cas. P 84,067 Tex Morris Cindy Sagrera Morris v. Covan World Wide Moving, Incorporated Coleman American Moving Services, IncorporatedCourt of Appeals for the Fifth Circuit · 1998
- Hughes Aircraft Company National Union Fire Insurance Company v. North American Van Lines, Inc., and Does 1-100, InclusiveCourt of Appeals for the Ninth Circuit · 1992
- Donald L. Cleveland Christa A. Cleveland v. Beltman North American Co., Inc. N. American Van LinesCourt of Appeals for the Second Circuit · 1994
- Frank H. Smith v. United Parcel ServiceCourt of Appeals for the Eleventh Circuit · 2002
- Certain Underwriters at Interest at Lloyds of London v. United Parcel Service of AmericaCourt of Appeals for the Third Circuit · 2014
72 more not listed; retrieve them via the Exa API.