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UNDERWRITERS AT LLOYDS OF LONDON v. NORTH AMERICAN VAN LINES

No. 87-1872.

890 F.2d 1112 (1989)

UNDERWRITERS AT LLOYDS OF LONDON, Plaintiff-Appellee, v. NORTH AMERICAN VAN LINES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 30, 1989.

Attorney(s) appearing for the Case

Kenneth D. Upton, Jr. (Linda G. Alexander, with him on the briefs), Niemeyer, Noland & Alexander, Oklahoma City, Okl., for plaintiff-appellee.

David A. Cheek (Victor F. Albert, with him on the briefs), McKinney, Stringer & Webster, P.C., Oklahoma City, Okl., for defendant-appellant.

Before HOLLOWAY, Chief Judge, MCKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The court on its own motion has determined to consider en banc whether the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. §§ 11707 and 10730,1 preempts state common law remedies for negligent damage to goods shipped by common carrier. After reviewing the law on this subject, and reconsidering our position, we now hold that state common law remedies are preempted by the Carmack...

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