9th Circuit finds Carmack preempts intentional tort claim against mover
The United States Court of Appeals for the Ninth Circuit has affirmed a California District Court ruling that the Carmack Amendment of 49 U.S.C. §14706 preempted an intentional infliction of emotional distress claim arising out of an interstate household goods move inWhite v. Mayflower Transit, L.L.C., Case No. 07-55528 (decided 9/12/08).
Carmack damages do not allow for any shipper windfall
In Houmani v. Roadway Express, Inc., 2008 U.S. Dist. LEXIS 20774 (N.D. Oh., 3/17/08), the Court granted Roadway partial summary judgment in an action where the appropriate damage standard under the Carmack Amendment, 49 U.S.C. §14706, was at issue.
No railroad liability when auto’s driver hits a stopped train on dark, foggy night
In Phillip Morris v. Illinois Central Railroad Company, No. 4-07-0816 (5/18/08), the Illinois Appellate Court for the Fourth District affirmed a trial court’s dismissal of a wrongful death claim arising from a January 1, 2004 incident where the plaintiff’s decedent crashed his car into an Illinois Central train that was stopped at a rail crossing at 7:04 p.m.