Legal Opinion

Rosenthal v. United Van Lines, LLC

District Court, N.D. Georgia

Decided July 17, 2001No. 1:01-cr-00165PublishedCited by 5 opinions

1Opinion of the Court

ORDER

COOPER, District Judge.

Pending before the court are Defendants’ Motion To Dismiss Plaintiffs’ Claims Against Defendants [Doc. No. 2-1] 1 and Plaintiff Robert S. Rosenthal and Fran Rosenthal’s (“Plaintiffs”) Motion To Remand [Doc. No. 3-1]. 2 After careful consideration, for the reasons stated herein, the court finds that the allegations of Plaintiffs’ Complaint are preempted by the Carmack Anendment, with the exception of their claims for intentional infliction of emotional distress and loss of consortium.

Background

Plaintiffs contracted with Defendants to move their household goods and…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908

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3Cited by5 opinions

  1. Glass v. Crimmins Transfer Co.District Court, C.D. Illinois · 2004
  2. Stephenson v. Wheaton Van Lines, Inc.District Court, D. Kansas · 2002
  3. Hoover v. Allied Van Lines, Inc.District Court, D. Kansas · 2002
  4. Rosenthal v. United Van Lines, LLCDistrict Court, N.D. Georgia · 2002
  5. Rosenthal v. United Van LinesDistrict Court, N.D. Georgia · 2002

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