LATEST SUMMARIES
CONTRACTS, TRANSPORTATION
REI Transp., Inc. v. C.H. Robinson Worldwide, Inc.
You May FREELY Redistribute This E-Mail in Whole
To view the full-text of cases you must
sign in to FindLaw.com.
LATEST SUMMARIES
CONTRACTS, TRANSPORTATION
REI Transp., Inc. v. C.H. Robinson Worldwide, Inc., No.
07-2710
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.
Read more...