Legal Opinion
Underwriters at Lloyd's of London v. North American Van Lines
Supreme Court of Oklahoma
Decided April 14, 1992No. 77195PublishedCited by 15 opinions
1Opinion of the Court
HARGRAVE, Justice.
This matter comes before us on a question of law certified to this Court from the Tenth Circuit Court of Appeals pursuant to 20 O.S.1981 § 1602:
Is a defendant, such as North American Van Lines, for whom judgment is not rendered but who reduces its liability by successfully asserting the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 11707, 10730, as its sole defense throughout the litigation a “prevailing party” entitled to costs under Okla.Stat. tit. 12 § 940?
We answer in the negative.
Title 12 O.S.1981 § 940 provides:
“A. In any civil action to recover damages…
2Cases cited14 opinions
- Underwriters at Lloyds of London v. North American Van LinesCourt of Appeals for the Tenth Circuit · 1989
- John L. Marino, D/B/A Wishbone Oil & Gas, Cross-Appellee v. Otis Engineering Corporation, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1988
- L. E. Whitlock Truck Service, Inc., a Kansas Corporation v. Regal Drilling Company, a Colorado CorporationCourt of Appeals for the Tenth Circuit · 1964
- Litvak Meat Company v. George P. Baker, and Scott Truck Line, Inc., a Nebraska CorporationCourt of Appeals for the Tenth Circuit · 1971
- Welling v. American Roofing & Sheet Metal Co.Supreme Court of Oklahoma · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rout v. Crescent Public Works AuthoritySupreme Court of Oklahoma · 1994
- Canady v. ReynoldsCourt of Criminal Appeals of Oklahoma · 1994
- Smith v. JenkinsSupreme Court of Oklahoma · 1994
- Le v. Total Quality Logistics, LLCCourt of Civil Appeals of Oklahoma · 2018
- Hastings v. KelleyCourt of Civil Appeals of Oklahoma · 2008
10 more not listed; retrieve them via the Exa API.