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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.