United States Third Circuit

In this interstate shipping case in which plaintiff alleges that twenty-seven of its insured's shipments were lost or stolen by defendant or its employees, the dismissal of plaintiffs' complaint for failure to state a claim is affirmed, where: 1) the Carmack Amendment preempts all state law claims for compensation for the loss of or damage to goods shipped by a ground carrier in interstate commerce; 2) the Carmack Amendment preempts state law conversion actions; and 3) the "true conversion" exception does not except Carmack preemption for conversion claims, it vitiates only the liability limiting provisions of the Carmack Amendment.

Appellate Information

• Decided 08/12/2014
• Published 08/12/2014

Judges

• CHAGARES

Court

• United States Third Circuit

Counsel