· 4/10/1990
A.T. Clayton & Co., Inc. v. Missouri-Kansas-Texas Railroad Company
Citations
- 901 F.2d 833
- 1990 U.S. App. LEXIS 5191
- 1990 WL 39570
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Carmack Amendment did not preempt an Oklahoma state statute providing for attorneys’ fees for party who has recovered damages for “the negligent or willful injury to property and any other incidental cost related to such action”
- affirming an award for attorney fees pursuant to an Oklahoma statute in a Carmack Amendment case
- \The Carmack Amendment codifies an initial carrier's liability for goods lost or damaged in shipment.\
- no preemption of state attorneys’ fees statute because the statute was “incidental” to the Carmack Amendment and did not “substantively enlarge” the carrier’s responsibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Moore, Brorby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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