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· 6/16/2006

Emerson Electric Supply Company v. Estes Express Lines Corporation

Citations

  • 451 F.3d 179
  • 2006 U.S. App. LEXIS 14827
  • 2006 WL 1660575

How courts have described this case

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

  • holding that the 1995 amendments do not reflect an intent to alter the two or more levels of liability requirement
  • holding that carrier failed to limit its liability where tariff did not provide an option to declare a higher value with a corresponding level of liability
  • “[A] carrier’s ability to limit [its] liability is a carefully defined exception to the Carmack Amendment’s general objective of imposing full liability for the loss of shipped goods.”
  • “[A] carrier’s ability to limit [its] liability is a carefully defined exception to the Carmack Amendment’s general objective of imposing full liability for the loss of shipped goods.”
  • “[A] carrier must continue to offer two or more rates with corresponding levels of liability in order to successfully limit its liability pursuant to the Carmack Amendment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Cowen, Ackerman

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.