· 10/21/2011
5K Logistics, Inc. v. Daily Express, Inc.
Citations
- 659 F.3d 331
- 2012 A.M.C. 1074
- 2011 U.S. App. LEXIS 21379
- 2011 WL 5024223
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that only carriers, but not brokers, can seek indemnification under the Amendment
- explaining that Congress narrowly limited the application of apportionment as between carriers, “explicitly choos[ing] not to extend the apportionment remedy to ‘brokers,’” for example
- noting that “Congress explicitly chose not to extend the apportionment remedy to ‘brokers’”
- “The Carmack Amendment clearly preempts any state statutory or common law claim for indemnification”
- “[T]here is no overlap in the statute between ‘carriers’ and ‘brokers’ … .”
- “[T]here is no overlap in the statute between carriers and brokers ... .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Niemeyer, Floyd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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