3rd Circ. Says State Missing-Packages Claims Are Preempted

Law360, New York (August 12, 2014, 5:14 PM EDT) -- In a precedential ruling, the Third Circuit on Tuesday affirmed the dismissal of a suit brought by Lloyds of London against United Parcel Service of America Inc. over missing packages, finding the Carmack Amendment preempts all state law claims involving goods lost by a ground carrier in interstate commerce.

The appeals panel also ruled the Carmack Amendment's "true conversion" exception is an exception to the amendment's liability-limiting features, not its preemptive scope, affirming a district court's decision to dismiss the underwriter's case for failing to state a claim.

Underwriters for First State Depository LLC, a company that provides accounting and custody...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Companies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!