United States Second Circuit

Stipulated judgment recognizing the district court's finding of limited liability and awarding plaintiff some damages subject to plaintiff's right to appeal to seek full damages is vacated where the district court erred in finding that the Carmack Amendment to the Interstate Commerce Act of 1887 does not govern defendant's liability in this case.

Appellate Information

• Decided 07/10/2006
• Published 07/12/2006

Judges

• WESLEY, Circuit Judge:, Before:  WESLEY and HALL, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David T. Maloof, Maloof Browne & Eagan LLC, Rye, N.Y. (Thomas M. Eagan, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Barry N. Gutterman, Barry N. Gutterman & Associates, P.C., New York, N.Y. (Robert Briere, on the brief), for Defendant-Appellee.