United States Seventh Circuit
Treiber &Straub, Inc v. United Parcel Serv., Inc., 05-3743
Summary judgment for package carrier in a suit over the denial of insurance payments for a lost package of unusual value is affirmed where the carrier gave adequate notice of its limited liability for items of unusual value, and the limited liability provision did not violate the federal "released value doctrine." The decision is modified to a dismissal with prejudice where plaintiff's state law breach of contract theory was preempted by federal law.
Appellate Information
- Argued 02/17/2006
- Decided 01/09/2007
- Published 01/09/2007
Judges
- WOOD, Circuit Judge., Before FLAUM, KANNE, and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Moses Josef Zimmermann (argued), Murphy, Gillick, Wicht & Prachthauser, Milwaukee, WI, for Plaintiff-Appellant/Cross-Appellee., Mitchell S. Moser (argued), Quarles & Brady, Milwaukee, WI, for Defendants-Appellees/Cross-Appellants.