· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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