United States Ninth Circuit
Hall v. N. Am. Van Lines, Inc., 04-16182
The Carmack Amendment is the exclusive cause of action for contract claims alleging delay, loss, failure to deliver or damage to property. Denial of plaintiff's motion to remand her case involving the shipping of household goods to state court, and dismissal of her common law claims on the merits, are affirmed where: 1) plaintiff's common law claims for breach of contract, fraud or conversion did not establish federal jurisdiction; 2) the district court properly denied her motion to remand because plaintiff's completely preempted contract claim presented a federal question; and 3) fraud and conversion claims were properly dismissed as the Carmack Amendment was a complete defense to the claims.
Appellate Information
- Argued 04/13/2005
- Decided 01/29/2007
- Published 01/29/2007
Judges
- BEEZER, Circuit Judge., Before ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, and ANDREW J. KLEINFELD, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Jeffrey K. Perkins, San Francisco, CA, for the plaintiff-appellant.
- For Appellees:
- Gregg S. Garfinkel, Robyn M. McKibbin, Stone, Rosenblatt & Cha, Woodland Hills, CA, for defendant-appellee North American Van Lines, Inc., Guy W. Stilson, Low, Ball & Lynch, San Francisco, CA, for defendants-appellees George Correa and All-City Moving and Storage.