Williams v. N. Amer. Van Lines of Texas, Inc., et al.
Plaintiff filed suit against North American after the moving company severely damaged or loss some of plaintiff's items. Because plaintiff's claims arose out of the interstate shipment of her possessions, the Carmack Amendment, 29 U.S.C. 14706 et seq., provided the sole and exclusive remedy. The district court granted summary judgment for North America, determining that her claim for damages did not satisfy regulatory requirements. The court concluded that plaintiff's demand letter unequivocally requested that North American remit payment totaling $182,750.00 and constituted a written communication containing facts sufficient to identify the shipment, asserting liability, and making claims for the payment of a specified amount under 49 C.F.R. 1005.2(b). The plain language of the regulation's minimum filing requirements required nothing more. Accordingly, the court reversed the district court's grant of summary judgment for North America and remanded for further proceedings. View "Williams v. N. Amer. Van Lines of Texas, Inc., et al." on Justia Law