Individual Shipper’s Massachusetts State-Law Claims, Including 93A, Preempted by Carmack Amendment

By:      Gerald D. Borovick A federal judge in Boston recently ruled an individual shipper’s suit against a California-based moving company following his move from San Francisco to Cambridge is governed exclusively by the Carmack Amendment to the ICC Termination Act of 1995.[1]  With this ruling, the district of Massachusetts is now firmly with other … Read more

Individual Shipper Gets Significant Damages And Attorneys’ Fees After Arbitration Program Becomes An Issue In Case

By:      Gerald D. Borovick An individual shipper was awarded $133,533.00 in satisfaction of his actual damages and over $18,000 in attorneys’ fees plus pre- and post-judgment interest in a troubling case involving a residential interstate HHG move.[1] The mover was ordered to pay a majority of the individual shipper’s attorneys’ fees, the increased price … Read more

Carmack Amendment Limits And Preempts Individual Shipper’s Loss Claim Involving Interstate Household Goods Move Overseen By Shipper’s Household Staff

By Gerald D. Borovick Where, on an interstate household goods move an Individual Shipper (the “Shipper”) alleged that the Mover either lost or stole one-third of the items valued at approximately $1.9 million from the shipment, a federal district court judge dismissed her Carmack Amendment loss claim and State law conversion claim as untimely and … Read more

Individual Shipper’s Suit Against Mover Alleging Theft of Jewelry Arising Out Of Interstate Move Removed From State To Federal Court – Subject Matter Of Suit – Interstate Transportation – Governed by Carmack Amendment – State Law Claims Preempted

By Gerald D. Borovick In a case involving an alleged theft of jewelry by a Mover hired to pack load and transport an Individual Shipper’s household goods and personal effects from Connecticut to Maryland, a Federal court in Connecticut held the Shipper’s State law claims (including statutory theft, conversion and Connecticut’s unfair trade practices act) … Read more