Legal Opinion

Sec. USA Servs., Inc. v. United Parcel Serv., Inc.

District Court, D. New Mexico

Decided March 5, 2019No. 1:18-cv-00264-JCH-KRSPublishedCited by 3 opinions

1Opinion of the Court

Judith C. Herrera, United States District Judge

This case presents the question of whether the Carmack Amendment to the Interstate Commerce Act (ICA), 49 U.S.C. § 14706, a federal law regulating the interstate transportation of goods, preempts a state law cause of action for bad-faith. Plaintiff Security USA Services, Inc., sued Defendant United Parcel Service Inc., in New Mexico state court for recovery of damages after Plaintiff's goods were damaged while being shipped from New Mexico *968to Texas, asserting state law causes of action for breach-of-contract and bad-faith refusal to pay for…

2Cases cited25 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  5. Minter v. Prime Equipment Co.Court of Appeals for the Tenth Circuit · 2006

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3Cited by3 opinions

  1. Fields v. Allied Van Lines, Inc.District Court, W.D. Kentucky · 2021
  2. Russell v. Moving Proz LLCDistrict Court, D. Kansas · 2024
  3. Shemes v. United States Moving Service LLCDistrict Court, D. Kansas · 2023

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