DYNAMIC TRANSIT v. TRANS PAC. VENTURES

No. 58041.

291 P.3d 114 (2012)

DYNAMIC TRANSIT COMPANY; and Knights Company/Auto Transporters, A Missouri Business Entity, Appellants/Cross-Respondents, v. TRANS PACIFIC VENTURES, INC.; and Trevor Small, Respondents/Cross-Appellants.

Supreme Court of Nevada.

December 27, 2012.


Attorney(s) appearing for the Case

Marquis Aurbach Coffing and Micah S. Echols and Scott A. Marquis , Las Vegas, for Appellants/Cross-Respondents.

Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, and David J. Larson and Jeremy R. Alberts , Las Vegas, for Respondents/Cross-Appellants.

BEFORE DOUGLAS, GIBBONS and PARRAGUIRRE, JJ.


OPINION

By the Court, PARRAGUIRRE, J.:

In this opinion, we consider whether a shipper's state-law claim for conversion is necessarily preempted by the Carmack Amendment's federal liability limitation for interstate carriers, where the carrier was not authorized to take possession of the shipper's property but did so for its own gain. Recognizing that the Carmack Amendment does not apply in cases of true conversion, we conclude that sufficient evidence...

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