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Tag Archives: Carmack Amendment

Contract – CSX Did Not Spell Out Carmack Limitation (access required)

em>ABB Inc. v. CSX Transportation Inc. Rail carrier CSX Transportation Inc. is liable for the full $550,000 in damage to a $1.3 million electrical transformer shipped from St. Louis to Pittsburgh, and the district court erred in holding that the parties had limited CSX’s potential liability in the bill of lading to $25,000; the 4th Circuit says the parties did not modify the carrier’s liability exposure, as permitted by the Carmack Amendment to the Interstate Commerce Act, and vacates the judgment limiting CSX’s liability to $25,000.

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Criminal Practice – No Due Process Claim from Contraband Cigarette Sting (access required)

ABB Inc. v. CSX Transportation Inc. Rail carrier CSX Transportation Inc. is liable for the full $550,000 in damage to a $1.3 million electrical transformer shipped from St. Louis to Pittsburgh, and the district court erred in holding that the parties had limited CSX’s potential liability in the bill of lading to $25,000; the 4th Circuit says the parties did not modify the carrier’s liability exposure, as permitted by the Carmack Amendment to the Interstate Commerce Act, and vacates the judgment limiting CSX’s liability to $25,000.

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Contract – CSX Did Not Spell Out Carmack Limitation (access required)

ABB Inc. v. CSX Transportation Inc. Rail carrier CSX Transportation Inc. is liable for the full $550,000 in damage to a $1.3 million electrical transformer shipped from St. Louis to Pittsburgh, and the district court erred in holding that the parties had limited CSX’s potential liability in the bill of lading to $25,000; the 4th Circuit says the parties did not modify the carrier’s liability exposure, as permitted by the Carmack Amendment to the Interstate Commerce Act, and vacates the judgment limiting CSX’s liability to $25,000.

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Contract – CSX Did Not Spell Out Carmack Limitation (access required)

ABB Inc. v. CSX Transportation Inc. Rail carrier CSX Transportation Inc. is liable for the full $550,000 in damage to a $1.3 million electrical transformer shipped from St. Louis to Pittsburgh, and the district court erred in holding that the parties had limited CSX’s potential liability in the bill of lading to $25,000; the 4th Circuit says the parties did not modify the carrier’s liability exposure, as permitted by the Carmack Amendment to the Interstate Commerce Act, and vacates the judgment limiting CSX’s liability to $25,000.

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Contract – Interstate Commerce — Carmack Amendment – No Claim — Third-Party Broker – Indemnity & Contribution Reversed (access required)

5K Logistics Inc. v. Dominion Resources Servs. Inc. v. Daily Express Inc. The 4th Circuit reverses a district court’s judgment ordering indemnity and contribution for a third-party broker against defendant carrier Daily Express Inc., after plaintiff Dominion Resource Services won damages from broker 5K Logistics Inc. for property that fell from the Daily Express-operated truck, as its drivers transported two tube bundles from Pennsylvania to Maryland for plaintiff Dominion.

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