· 11/10/1994
Consolidated Rail Corp. v. Primary Industries Corp.
Citations
- 868 F. Supp. 566
- 1994 U.S. Dist. LEXIS 16239
- 1994 WL 630845
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Primary Coal has neither provided evidence of its reasonable diligence nor demonstrated why these damages were impossible to assess during the nine- month period.”
- common law contract and tort claims preempted where the claims “seek damages flowing from shipment agreements with Conrail,” because “[t]he Carmack Amendment governs the parties’ rights and liabilities under this situation[]”
- claims of gross negligence, fraud and intentional torts preempted
- carrier’s letters to shipper denying liability did not warrant estoppel
Source: CourtListener parenthetical corpus (CC0).
Judges: William C. Conner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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