· 4/10/2003
American National Fire Insurance Company v. Yellow Freight Systems, Incorporated
Citations
- 325 F.3d 924
- 2003 U.S. App. LEXIS 6870
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that even if the shipper’s packaging contributed to the extent of the cargo damage, the carrier’s failure to show that it was not negligent prevented it from rebutting the shipper’s case
- awarding prejudgment interest in Carmack Amendment case from the date the insurer paid on claim, not the date the goods were damaged
- “We believe that, absent special circumstances, compound, not simple, interest ought to be awarded in Carmack Amend- ment cases.”
- “Although the shipper can recover all damages resulting from the carrier’s negligence, the shipper cannot recover more than the injury suffered.” (quotations omitted)
- “The basic purpose of prejudgment interest is to put a party in the position it would have been in had it been paid immediately.”
- “Recoverable damages includes damages for delay, lost profits (unless they are speculative), and all reasonably foreseeable consequential damages” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
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.