· 1/29/2007
Eva Hall v. North American Van Lines, Inc. George Correa All City Moving and Storage
Citations
- 476 F.3d 683
- 2007 U.S. App. LEXIS 1893
- 2007 WL 210383
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 Carmack Amendment is the “exclusive cause of 17 action” against a carrier of interstate goods, and this extends to “all manner of harms” arising from loss or damage to the shipment
- noting that the Fifth Circuit has found late delivery of goods to be preempted (citing Moffit v. Bekins Van Lines Co., 6 F.3d 305, 306–07 (5th Cir. 1993)
- stating “the existence of a defense based upon federal law is insufficient to support jurisdiction” (quotation omitted)
- considering a premature appeal to have been taken from the judgment entered subsequent to a notice to appeal
- finding delay and failure to deliver covered under the Carmack Amendment
- “It applies equally to fraud and conversion claims arising from a carrier’s misrepresentations as to the conditions of delivery or failure to carry out delivery.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, O'Scannlain, Kleinfeld
Read full opinion on CourtListenerSourced 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.