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· 1/29/1997

Deerskin Trading Post, Inc. v. United Parcel Service of America, Inc.

Citations

  • 972 F. Supp. 665
  • 1997 U.S. Dist. LEXIS 5405
  • 1997 WL 404264

How courts have described this case

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

  • dismissing a claim for unjust enrichment because it is preempted under the FAAAA's preemption provision which is identical to the ADA's preemption provision
  • “the granting of equitable relief cannot be said to be routine, especially as a remedy for a breach of contract”
  • “The Court also finds that the extraordinary award of injunctive relief would remove a contract claim from the realm of ‘routine breach of contract actions.’ ”
  • claims for breach of contract, statutory fraud, common-law f?aud, negligence, gross negligence, unjust enrichment, and imposition of constructive trust preempted by 49 U.S.C. 14501(c)(l)
  • “[T]he preemption provision of the FAAAA . . . employs identical language to the preemption provision of the ADA.”
  • “[S]tate law tort claims . . . [are] preempted if they [are] based on any state-imposed obligations external to a contract . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull

Read full opinion on CourtListener

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.