United States Third Circuit
Lewis v. Atlas Van Lines, Inc., 07-2688
In a suit alleging breach of contract by defendant for failing to move plaintiffs' belongings by a date certain, dismissal for failure to comply with the procedural requirements of the Carmack Amendment, 49 U.S.C. section 14706, is vacated where: 1) state-law claims were preempted by the Carmack Amendment; but 2) plaintiffs met the regulatory requirement to claim a "determinable" amount of damages from defendant by specifying the kinds of damages they had suffered, and were not required to claim a specific dollar amount.
Appellate Information
- Argued 06/03/2008
- Decided 09/09/2008
- Published 09/09/2008
Judges
- Before: FISHER, JORDAN, Circuit Judges, and YOHN , District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- James J. West, [Argued], Harrisburg, PA, for Appellants.
- For Appellees:
- James A. Wescoe, [Argued], Rawle & Henderson, Philadelphia, PA, for Appellee.