United States Seventh Circuit

In a suit alleging breach of contract, conversion, and unjust enrichment arising out of payments withheld on a delivery contract because of missing cargo, judgment for defendant is affirmed where: 1) although the Carmack Amendment does not preempt claims that do not affect a carrier's liability for lost or damaged goods, it could justify the shipper's exercise of a withholding clause and invalidate a liability-limiting clause in the contract; 2) defendant made out a prima facie case under the Carmack Amendment, thus had a valid reason for withholding payment; and 3) the Amendment invalidated the liability-limiting clause.

Appellate Information

• Argued 01/15/2008
• Decided 03/20/2008
• Published 03/20/2008

Judges

• FLAUM, Circuit Judge., Before EASTERBROOK, Chief Judge, and FLAUM and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Russell F. Watters, James R. Howard (argued), Brown & James, St. Louis, MO, for Plaintiff-Appellant.


• For Appellees:
  
• Joel H. Steiner (argued), Axelrod, Goodman, Steiner & Bazelon, Chicago, IL, for Defendant-Appellee.