This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Transportation

Sep. 15, 2009

Jumping Shipments

Most practitioners (and even some judges) have had little exposure to the Carmack Amendment and are unaware of its vast pre-emptive ambit, writes Gregg S. Garfinkel.

FOCUS COLUMN

By Gregg S. Garfinkel

For more than a century, the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706, has governed the liability of motor carriers operating in interstate commerce. Most practitioners (and even some judges) have had little exposure to Carmack and, thus, are unaware of its vast pre-emptive ambit.

Federal law and procedure is applicable in actions when a shipper seeks recovery against a motor comm...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up