Tokio Marine & Fire Insurance v. Amato Motors, Inc.

LAY, Senior Circuit Judge.

This is an interlocutory appeal certified to this court under 28 U.S.C. § 1292(b). The primary issue is the continued viability of applying the Carmack Amendment, 49 U.S.C. § 11707, to common carriers providing trailer on flatcar (TOFC) and container on flatcar (COFC) services.1 The district court held that deregulation under the Staggers Act exempts common carriers providing TOFC/COFC service from liability under the Carmack Amendment. The court held, however, that the statute authorizing the Interstate Commerce Commission (ICC) to create exemptions, 49 U.S.C. §…