Custom Rubber Corp. v. ATS Specialized, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that separate bills of lading, invoices and arrangements suggest that a certain transport of goods is not a through shipment
• holding there was no affirmative evidence a loading defect caused the trailer to tip because there were numerous possibilities that could have caused the accident, such as taking a turn too fast
• noting in 2009 that “[n]either the Sixth Circuit nor the Northern District of Ohio had ruled on [the] issue [of attorneys’ fees under the Carmack Amendment]”
• finding carrier defendant’s argument that no attorney’s fees were recoverable “more prolific and persuasive” than shipper plaintiff’s contrary argument and noting “attorney’s fees ordinarily should be unavailable under Section 14706 of the Carmack Amendment”
• owner gave up its right to choose between terms when it gave an intermediary broad authority to make shipping arrangements

Source: CourtListener parenthetical corpus (CC0).