C&D Trading, Inc. v. Total Quality Logistics, L.L.C.

Citations

• 165 N.E.3d 364
• 2020 Ohio 6905

Syllabus

Shipper appeals decision that dismissed complaint alleging breach of contract and negligence against freight broker. Court found shipper's claim preempted by federal law. Shipper's negligence claim, derived from state common law, was preempted under 49 U.S.C. 14501(c)(1), which statute prohibits state from enforcing common law claims related to price, route, or services of freight brokers. Federal law did not preempt a routine breach of contract claim against the freight broker, as such a claim derives from private agreement and is a self-imposed, not state-imposed, obligation.