· 7/24/2014
Harris Ex Rel. the Estate of Ward v. Fedex National LTL, Inc.
Citations
- 760 F.3d 780
- 89 Fed. R. Serv. 3d 249
- 2014 WL 3638896
- 2014 U.S. App. LEXIS 14064
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 FMCSR applies to motor carriers, not to shippers who engage independent contractors to transport goods.”
- finding that a “district court acts ‘within its discretion’ in denying a motion to amend which made no attempt to show good cause.
- stating in dicta that [w]e doubt “there is a federal private right of action for a violation of the FMCSR”
- affirming decision to grant motion to amend where amendment was premised on newly discovered evidence
- affirming district court’s denial of motion to amend where movant sought to amend complaint 17 months after deadline and attempted to add an entirely new theory of recovery
- stating when determining whether a party constitutes a motor carrier, the essential inquiry is whether it is a motor carrier with respect to the \specific transaction at issue\ (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Bye, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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