· 7/2/2004
Franyutti v. Hidden Valley Moving and Storage, Inc.
Citations
- 325 F. Supp. 2d 775
- 2004 U.S. Dist. LEXIS 12396
- 2004 WL 1508965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the plaintiff’s DTPA claim that the defendant moving company “charged him a higher amount than orally agreed to and delivered the goods at least three days late” was preempted
- finding that false or misleading representations regarding rate for guaranteed delivery damage resulting from those misrepresentations not preempted, due to a statutory provision requiring different rates for guaranteed versus non-guaranteed deliveries
- “[The Carmack Amendment] provides the exclusive cause of action for any claim arising out of the interstate transportation of household goods.”
- “Because [the Brown] holding occurred prior to many of the Supreme Court and Fifth Circuit opinions relied upon, it’s holding has limited value.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rodriguez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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