Legal Opinion

McLean v. Wheaton Van Lines, Inc.

Court of Civil Appeals of Alabama

Decided February 22, 2002No. 2000692PublishedCited by 1 opinion

1Opinion of the Court

CRAWLEY, Judge.

In August 1999, Sidney McLean sued Wheaton Van Lines, an interstate common carrier, alleging breach of contract, bad faith, and the tort of outrage. Wheaton moved for a summary judgment, asserting that McLean’s claims were preempted by 49 U.S.C. § 14706, the Carmack Amendment to the Interstate Commerce Act, and barred by the time-to-sue limitation specified in the bill of lading — the contract signed by the parties. The trial court entered a summary judgment for Whea-ton; McLean appealed to the Alabama Supreme Court. The supreme court transferred the case to this court,…

2Cases cited19 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Edward and Nancy Hughes v. United Van Lines, Inc., and 291 Sisser Brothers, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. Rini v. United Van Lines, Inc.Court of Appeals for the First Circuit · 1997
  4. Fed. Carr. Cas. P 84,057 Mark L. Gordon, as Administrator of the Estate of Ruth Slavin, and Rachelle Gordon, and v. United Van Lines, Inc., AndCourt of Appeals for the Seventh Circuit · 1997
  5. Moffit v. Bekins Van Lines Co.Court of Appeals for the Fifth Circuit · 1993

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3Cited by1 opinion

  1. Armstrong v. North Alabama Moving & Storage, Inc.District Court, N.D. Alabama · 2008

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